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Supreme Court of Zambia - 2025 September

3 judgments
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3 judgments
September 2025
Cosmas Mweemba and Ors v Chikankata District Council and Anor (SCZ/07/05/2024) [2025] ZMSC 25 (19 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
Occupational Health and Safety Institute v James Mataliro (APPEAL NO. 12/2025) [2025] ZMSC 24 (19 September 2025)
Whether employed legal practitioners may concurrently engage in private practice under Rules 24 and 27.
  • Legal Practitioners' Practice Rules — Part V (Employed Legal Practitioners) — Rule 24(2) prohibits employed legal practitioners from providing legal services other than for their employer; Rule 27 restricts practice to representing the employer and prescribes prerequisites; contract tainted with illegality — unenforceability; appellate jurisdiction — remittal of unresolved counterclaim for hearing; regulatory duty of Law Association of Zambia (LAZ).
19 September 2025
Richard Musukwa and Ors v The Attorney General (Appeal No.03/2025) [2025] ZMSC 26 (19 September 2025)
Irregular transfer to the Economic and Financial Crimes Division deprived that court of jurisdiction; matter remitted to General Division.
  • Constitutional/human-rights petitions — Irregular transfer of cause — Section 23 High Court Act — Effect on jurisdiction — Remedy: remit to General Division — Appellate court may raise jurisdictional defects suo motu.
19 September 2025