Supreme Court of Zambia - 2025

30 judgments

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30 judgments
Citation
Judgment date
December 2025
31 December 2025
12 December 2025
October 2025
28 October 2025
27 October 2025
2 October 2025
September 2025
Whether applicants in a resettlement scheme acquired proprietary land rights or only licence interests, and whether that raises public‑importance legal issues.
Procedure – Record of motion – compliance with Rule 48; Civil appeals – Leave to appeal under s.13(3) Court of Appeal Act – point of law of public importance; Land law – nature of rights in resettlement schemes (proprietary v licence) – fact‑specific disputes; Prospects of success and compelling reasons for leave.
19 September 2025
19 September 2025
19 September 2025
August 2025
20 August 2025
20 August 2025
An administrator's challenge to a 2004 inter vivos land transfer was statute-barred; annulment of a later marriage did not revive limitation.
Limitation of actions — accrual of cause of action — land transfer inter vivos — registered Certificate of Title — administrators' rights — effect of annulment of marriage on prior transfers — necessity to plead mistake.
19 August 2025
Whether applicants met statutory thresholds for leave to appeal and whether judicial decisions operate retrospectively.
Appeals — leave to appeal — section 13 Court of Appeal Act — prospects of success, public importance, compelling reasons; Judicial decisions — retrospective effect; Stare decisis — Court of Appeal bound by Supreme Court; Registrar/IRD powers; Industrial relations procedure.
14 August 2025
13 August 2025
13 August 2025
July 2025
25 July 2025
24 July 2025
May 2025
21 May 2025
19 May 2025
April 2025
29 April 2025
17 April 2025
Whether a civil appellate finding or a previous nolle prosequi bars subsequent criminal prosecution arising from the same facts.
Judicial review appeals — procedural requirements for appeals — applicability of English RSC provisions versus domestic Supreme Court Rules; nolle prosequi and section 81(1) CPC — effect on subsequent prosecutions; res judicata/issue estoppel — limits of civil judgments to bar criminal proceedings; distinction between civil and criminal standards of proof.
8 April 2025
3 April 2025
March 2025
Whether Article 28(1) confines Part III enforcement to petition proceedings or permits alternative procedural routes; leave to appeal granted.
Constitutional law — Article 28(1) — mode of commencement of Part III claims — petition v writ; leave to appeal — point of law of public importance; access to justice; jurisdiction — procedural bars and Order 14A preliminary issues.
28 March 2025
February 2025
21 February 2025
12 February 2025
January 2025
Murder conviction quashed: prior inconsistent statement inadmissible, res gestae not established, causation unproven.
Criminal law – Murder – Admissibility of hostile witness's prior inconsistent statement – res gestae and hearsay – suspect witnesses and corroboration – causation between assault and death – burden of proof beyond reasonable doubt.
16 January 2025
15 January 2025
15 January 2025
15 January 2025
Contract between a lender and a borrower purporting to be a contract of sale. The Court found that the terms of the contract and the evidence on record indicated that the contract was a loan agreement and not a contract of sale
10 January 2025