Skip to document content Skip to main menu Skip to search

Supreme Court Registry Lusaka

8 judgments
Advanced search
Skip past Court registries
Skip past years
Filters
Skip to results
8 judgments
March 2026
Ventriglia and Anor v Finance Bank Zambia Limited (SCZ/7/2/2025) [2026] ZMSC 4 (10 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
June 2023
Kakunda and Ors v The People (APPEAL No. 52,53,54/2022) [2023] ZMSC 11 (8 June 2023)
Whether uncorroborated evidence from detained/interested witnesses can be relied upon; recent possession and other circumstances provided "something more" to uphold convictions.
  • Criminal law — identification evidence — witnesses with interest/accomplices — requirement of corroboration or "something more"; recent possession doctrine; failure to lift fingerprints not necessarily fatal.
8 June 2023
May 2023
Mushipe (T/A Mushipe & Associates and Suing as Executor and Trustee of the Estate of the late Funny Lunga Yolamu) v Rossi ( Suing as Executor and Trustee of the Estate of the Late Funny Lunga Yolamu) (APPEAL NO. 12/2022) [2023] ZMSC 10 (31 May 2023)
A will-drafter is not an impliedly appointed executor or estate counsel absent clear naming or specific instructions.
  • Wills — appointment of executors — express vs implied appointment; drafting and custody of a will do not imply appointment as executor; reference to "my lawyers" must identify counsel; Legal Practitioners (Practice) Rules — practitioner must act only on instructions; Wills and Administration of Testate Estates Act s.52(2) — reimbursement of legitimate expenses incurred under revoked probate.
31 May 2023
November 2020
MUYAUKA WAMUNDILA V THE PEOPLE (Appeal No. 64/2020; Appeal No. 65/2020) [2020] ZMSC 181 (6 November 2020)
6 November 2020
March 2020
KAJIRO MUZUNGU V THE PEOPLE (AppealNo.71/2014) [2020] ZMSC 180 (26 March 2020)
Court upheld manslaughter convictions for reckless driving, rejecting challenges to juvenile witness evidence, identification and sentence.
  • Criminal law — Manslaughter by negligent/reckless driving — Degree of negligence required; Juvenile witnesses — admissibility and need (or not) for voir dire/corroboration under Juveniles Act; Identification and proof of deceased — sufficiency of post‑mortems and police exhibits; Sentence — appellate interference only if shockingly excessive.
26 March 2020
November 2015
Chibiya v Cystal Garden Lodge and Restaurant [2015] ZMSC 187 (24 November 2015)
An appeal based on inconsistent appeal documents and a late amendment request is incompetent and dismissed with costs.
  • Civil procedure — Appeal — Memorandum of appeal must comply with Rule 58(2) — Inconsistent notice of appeal and grounds — Amendment of memorandum sought late — Prejudice to respondent — Appeal held incompetent and dismissed.
24 November 2015
January 2006
Chimambo and Others v Commissioner of Lands and Others [2006] ZMSC 33 (10 January 2006)
Whether land grants made during de‑gazettement remain valid and whether allocations after re‑gazettement without statutory authority are lawful.
  • Forest law — de‑gazettement and re‑gazettement — validity of grants made during de‑gazetted period; Administrative law — judicial review — illegality, irrationality and procedural impropriety of grants made after re‑gazettement without statutory authority; Civil procedure — availability of declaratory relief in judicial review and counter‑claims (Order 53).
10 January 2006
October 1980
BEATON SHOWA v THE PEOPLE (SCZ Judgment No. 22 of 1980) [1980] ZMSC 38 (7 October 1980)
The High Court may not dismiss the applicant's appeal for want of prosecution; section 325 requires a reasoned disposal in absence.
  • Criminal procedure — Appeal — Absence of appellant at hearing — Section 325 Criminal Procedure Code permits summary disposal in absence but requires examination of record and reasoned judgment — High Court may not dismiss appeal for want of prosecution — Service of notice and inquiry required.
7 October 1980