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Supreme Court of Zambia - 2020 May

22 judgments
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22 judgments
May 2020
Kasote Singogo v Lafarge Zambia Plc (APPEAL NO. 33/2012; SCZ/8/267/2011) [2020] ZMSC 178 (28 May 2020)
Court clarified that pre-judgment simple interest merges into judgment debt; post-judgment interest runs at Bank of Zambia lending rate.
  • Interest — Pre-judgment interest (simple) merges with principal into judgment debt; post-judgment interest on judgment debt governed by Judgments Act; payment into court arrests interest; no compounding of pre-judgment interest; Rule 78 correction of judgment.
28 May 2020
Madison General Insurance Company Ltd v Cornhill and Anor (Appeal 19 of 2017) [2020] ZMSC 168 (27 May 2020)
A consent judgment cannot impose insurer liability beyond the policy; pre-accident market value and proof required for loss-of-use awards.
  • Insurance law — contract of indemnity; consent judgment cannot increase insurer’s obligations beyond policy; pre-accident market value as measure of loss for totalled vehicle; special damages (loss of business) require cogent evidence; appellate interference where wrong principle applied in damages assessment.
27 May 2020
Kaumba Lemba ( Alias Cheif Kasaka) & Another v Senior Chief Ishindi (Suing as TheLunda Royal Establishment ) & The Attorney General (Appeal 169 of 2010) [2020] ZMSC 32 (26 May 2020)
26 May 2020
Mataa Mataa & Another v The People (Appeal 192 of 2018) [2020] ZMSC 38 (26 May 2020)
26 May 2020
BP Zambia PLC and Anor v Mumba and Ors (Appeal 137 of 2016) [2020] ZMSC 167 (20 May 2020)
Denying employees a genuine option over share-match shares breached employment contracts but did not terminate employment.
  • Employment law — share-match scheme — incorporation by reference into employment contracts; non-guaranteed benefit but contractual term; privity of contract and unenforceability of third‑party sale agreement; unilateral directive compelling sale as breach; remedy — damages, not automatic redundancy/termination.
20 May 2020
Kasote Singogo v Lafarge Zambia PLC (Appeal 33 of 2012) [2020] ZMSC 31 (20 May 2020)
20 May 2020
Mopani Copper Mines PLC v Zambia Revenue Authority (Appeal 24 of 2017) [2020] ZMSC 146 (20 May 2020)
Tax authority may rely on its own audit over a third‑party transfer‑pricing report; pre‑Tribunal settlement (K100 billion) upheld, partial appeal allowed.
  • Tax law — transfer pricing — transfer pricing report prepared for a related party not binding on tax authority; Tax procedure — section 11 (form of demands) — factual question whether report was requested; Tax anti‑avoidance — section 95 reasonable grounds to believe main purpose was tax avoidance may be based on audit differentials; Evidence — burden on appellant to produce hedging and development agreements; Settlement — pre‑Tribunal negotiated settlement binding on quantum.
20 May 2020
Mopani Copper Mines PLC v Zambia revenue Authority (Appeal 24 of 2017) [2020] ZMSC 29 (20 May 2020)
20 May 2020
Singogo v Lafarge Zambia PLC (Appeal 33 of 2012) [2020] ZMSC 135 (20 May 2020)
20 May 2020
Julius Chilipamwawo Sinkala v Simbule & Others (Appeal 153 of 2016) [2020] ZMSC 30 (15 May 2020)
15 May 2020
Adam Bweupe & Another v The People (SCZ Appeal 251 of 2014) [2020] ZMSC 7 (14 May 2020)
14 May 2020
Bweupe and Anor v People (Appeal 251 of 2014) [2020] ZMSC 139 (14 May 2020)
Court upheld murder convictions on strong circumstantial evidence but replaced juvenile’s death sentence with detention during the President’s pleasure.
  • Criminal law — murder — circumstantial evidence and conduct (flight, possession of victim’s documents) establishing guilt; Judicial inspection of scene — High Court Act s33; Alibi — requirement to give sufficient details to enable Police investigation; Juvenile offenders — s25(2) Penal Code prohibits death sentence, substitute detention during President’s pleasure.
14 May 2020
Felix Chimeza Moyo v The People (Appeal 18 of 2012) [2020] ZMSC 12 (14 May 2020)
14 May 2020
Hashi v People (46 of 2015) [2020] ZMSC 137 (14 May 2020)
Suspected drug dealing and claimed struggle do not excuse a deliberate fatal shooting; intent established by aiming and firing.
  • Criminal law — Murder: malice aforethought; evidence of aiming and single fatal head wound; forensic omissions and missing witnesses; suspected drug dealing not an extenuating circumstance.
14 May 2020
Moyo v People (Appeal 19 of 2012) [2020] ZMSC 133 (14 May 2020)
14 May 2020
Omar Mohammed Hashi v The People (Appeal 46 of 2015) [2020] ZMSC 10 (14 May 2020)
14 May 2020
Andreas Panagiotis Xirocostas v Poma (Appeal 206 of 2013) [2020] ZMSC 8 (13 May 2020)
13 May 2020
Citi Bank Zambia Limited v Malenji (Appeal 155 of 2013) [2020] ZMSC 9 (13 May 2020)
13 May 2020
Citibank Zambia Ltd v Malenji (Appeal 155 of 2013) [2020] ZMSC 138 (13 May 2020)
Employer may terminate by notice despite ongoing disciplinary proceedings where misconduct is dismissible and contract permits notice.
  • Employment law — wrongful dismissal — disciplinary procedure — contractual termination by notice — serious misconduct (misuse of staff accounts) — employer's right to elect termination despite disciplinary proceedings.
13 May 2020
Post Newspaper Limited v Mulenga (Appeal 22 of 2014) [2020] ZMSC 11 (13 May 2020)
13 May 2020
Post Newspaper Ltd v Mulenga (Appeal 22 of 2014) [2020] ZMSC 134 (13 May 2020)
13 May 2020
Xirocostas v Poma (Appeal 206 of 2013) [2020] ZMSC 136 (13 May 2020)
Welfare of the child is paramount; trial judge’s custody decision and concerns about workplace safety and sibling stability were upheld.
  • Family law — Child custody — Welfare of the child paramount — Trial judge’s discretion in custody decisions — Suitability of parental work environment — Continuity of care and sibling bonds — Variation of interim custody orders.
13 May 2020