Supreme Court of Zambia - 2026

5 judgments

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5 judgments
Citation
Judgment date
March 2026
Lower court erred by ruling on a petition not before it and failing to decide the interlocutory stay; matter remitted for proper determination.
Constitutional jurisdiction; interlocutory stay of criminal proceedings; jurisdictional limits of civil courts; procedural fairness; volunteer ruling; remittal to lower court.
13 March 2026
Leave to appeal granted due to significant procedural and substantive errors about an unsigned memorandum and the law on guarantees.
Civil procedure — Leave to appeal to Supreme Court under s.24(b) — Validity and effect of unsigned Memorandum of Appeal; Appellate jurisdiction and competence. Civil and contract law — Personal guarantees v performance bonds — construction of guarantees; conditional vs on-demand liability. Abuse of court process — institution of separate proceedings against guarantors. Public importance of appellate procedural regularity
10 March 2026
February 2026
Applicants granted leave to appeal where proposed grounds raised legal issues, mixed questions, and procedural concerns warranting Supreme Court review.
Leave to appeal – section 13 Court of Appeal Act – point of law of public importance – mixed law and fact – witness demeanour versus evidence – PACRA records and shareholding – fiduciary duties of directors – costs and interested parties – court practice directions (page limits)
11 February 2026
Applicants failed to show a point of public importance or reasonable prospects of success to obtain leave to appeal under section 13(3).
Employment law – Redundancy pay – Interpretation of sections 54(1)(d), 55(3) and 67(4) of the Employment Code Act – "Other benefits" and inclusion of car allowances, talk-time and bonuses – Distinction between tools of trade and remunerative emoluments – Leave to appeal under section 13(3) Court of Appeal Act – public importance, prospects of success, compelling reasons.
11 February 2026
January 2026
Whether a disputed debt quantum defeats a winding-up petition despite admission of indebtedness, raising public-law issues.
Corporate insolvency — winding-up petitions — disputed quantum of debt versus admission of indebtedness — leave to appeal — point of law of public importance — prospects of success — section 13 Court of Appeal Act.
29 January 2026