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Supreme Court of Zambia - 2025 March

2 judgments
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2 judgments
March 2025
Faustine Kabwe and Anor v Ndola Trust School Limited and Anor (SCZ/08/11/2022) [2025] ZMSC 8 (28 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
Shaba Mulengela and Anor v Frank Mumba (SCZ/7/36/2024) [2025] ZMSC 32 (11 March 2025)
Application for leave refused: factual disputes made summary determination improper and no real prospects of success for appeal.
  • Intestate Succession Act s19(2) — sale of estate property; beneficiaries’ power to sell; Order 14A summary determination — suitability where facts are contentious; leave to appeal — reasonable prospects and compelling reasons; mesne profits; stay of execution
11 March 2025