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Supreme Court of Zambia - 2023 December

2 judgments
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2 judgments
December 2023
Lusaka Premier Health Limited and Anor v Murray and Roberts Construction Limited (SCZ NO. 8/30/2023) [2023] ZMSC 23 (13 December 2023)
Whether the applicant could renew an interlocutory stay application in the Supreme Court after creation of the Court of Appeal.
  • Appellate procedure; interlocutory applications; renewal to Supreme Court; Court of Appeal Act (s.2 definition of "judgment", s.13 leave to appeal); effect of creation of Court of Appeal; jurisdictional limits; exceptional direct appeals (Part III Constitution).
13 December 2023
Peter Chinyama v Legina Hamukwele (Sued as Administrator of the Estate of the late Davison Chipuba Chiinda) (APPEAL NO. SCZ/10/2021) [2023] ZMSC 18 (6 December 2023)
Whether the Subordinate Court had jurisdiction under the Intestate Succession Act to hear an estate exceeding K100,000.
  • Intestate succession — Section 43(3) Subordinate Court jurisdiction limited to estates ≤ K100,000 (old currency) — Lack of jurisdiction renders proceedings and judgments null and void — Appellate court may raise jurisdiction suo motu — Irregularity of an appellant raising objection to own appeal.
6 December 2023