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Supreme Court of Zambia - 2024 August

3 judgments
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3 judgments
August 2024
Faustine Kabwe and Bimal Thaker v Ndola Trust School Limited and Attorney General (APPLICATION NO. SCZ/8/11/2022; APPLICATION NO. SCZ/8/14/2022) [2024] ZMSC 29 (15 August 2024)
Whether the Supreme Court may entertain applications for leave to appeal despite Article 131(2) vesting leave in the Court of Appeal.
  • Constitutional law — Jurisdiction of superior courts — Whether Supreme Court may entertain applications for leave to appeal — Interaction of Articles 125 and 131 — Role of other written laws (Supreme Court Act, Rules) in conferring jurisdiction.
15 August 2024
Lukasu Properties Limited v African Banking Corporation Zambia Limited (SCZ/08/10/2023) [2024] ZMSC 28 (15 August 2024)
Failure to serve a required demand letter on every defendant renders a writ incompetent and cannot be cured by registry acceptance.
  • Civil procedure — Order VI High Court (Amendment) Rules 2020 — Requirement to serve letter of demand on each defendant before issuing writ — Writ unsupported by prescribed documents not to be accepted — Registry acceptance does not cure jurisdictional defect — Imputed notice to related companies insufficient.
15 August 2024
Road Development Agency v Safricas Zambia Limited (APPEAL NO. 03/2024) [2024] ZMSC 27 (7 August 2024)
Appellant's failure to plead and prove public-policy grounds under Rule 23 rendered its challenge to the arbitral award incompetent.
  • Arbitration — setting aside award under s.17 — public policy; Arbitration (Court Proceedings) Rules r.23(2)(c) — affidavit must state facts relied upon; Limited judicial review — courts may examine due process and jurisdiction, not merits; Pleading and proof obligations — grounds not raised in High Court cannot be first advanced on appeal.
7 August 2024