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10,041 judgments
Citation
Judgment date
April 2026
Legal Resources Foundation Limited v The Attorney General (2025/CCZ/0020) [2026] ZMCC 9 (2 April 2026)
Respondent’s failure to enact Article 60(4) political-party legislation is unconstitutional; Respondent ordered to legislate within 12 months.
Constitutional duty to legislate – Article 60(4) – political parties regulation – justiciability of omissions – Societies Act read-in conformity with Constitution – enforceability of Articles 45 and 60(2) – separation of powers and remedies
 2 April 2026
Zesco United Football Club Limited v Football Association of Zambia and Anor (2026/HP/ARB/003) [2026] ZMHC 46 (2 April 2026)
Court ordered respondents to convene arbitral tribunal after they failed to act under the constitution’s arbitration clause.
Arbitration Act s.12(4)(a) — Court powers to secure appointment of arbitrator where party fails to act; FAZ Constitution Article 63 — arbitration for disputes affecting clubs; urgent intervention to protect participation rights in ongoing competition
 2 April 2026
Ng'andu Consulting Limited and Ors v David Mwale (APPLICATION NO. 007/2026; CAZ/08/616/2025) [2026] ZMCA 57 (1 April 2026)
Court confirmed stay of provisional liquidator appointment, finding jurisdiction due to special circumstances and procedural irregularities.
Corporate insolvency — Provisional liquidator — Ex parte appointment without return date — Breach of Companies (Winding‑Up) Rules (Rule 8(3)) — Jurisdiction of Court of Appeal to grant first‑instance relief under Order 59 RSC on special circumstances — Stay of execution — Abuse of process and multiplicity of actions
 1 April 2026
March 2026
Caa Import And Export Limit v Bidvest Food Zambia Limited and Ors (APPEAL NO.303/2024) [2026] ZMCA 58 (31 March 2026)
Appellate court affirms Registrar's weighing of expert evidence but awards nominal sums for redundancy and inducement where quantum was unproven.
Civil procedure — assessment of damages after appellate findings of liability; Expert evidence — weight, admissibility and advisory role; Damages — remoteness, foreseeability, mitigation, and when nominal awards appropriate; Tort — inducing breach of contract; Inventory treatment in loss-of-profits calculations
 31 March 2026
Chanda Bwalya v The People (HPBA/10/2026) [2026] ZMHC 43 (31 March 2026)
Court granted bail pending appeal due to exceptional circumstances: arguable appeal and risk of serving sentence before determination.
Criminal procedure – Bail pending appeal – Exceptional circumstances required – Prima facie prospects of success – Risk of serving sentence before appeal heard – Manslaughter: gross negligence, duty of care, causation
 31 March 2026
Engineering Institute of Zambia v Bicon Zambia Limited (APPEAL NO. 238/2023) [2026] ZMCA 60 (31 March 2026)
Whether challenges to a public body's suspension must be by judicial review or may proceed by writ when broader claims require full trial.
Civil procedure — Mode of commencement: writ of summons versus judicial review; leave requirement for judicial review; pleadings' scope (contracts, damages, historical conduct) determines appropriate procedure under Order 6 Rule 1; courts may assess pleadings' content without adjudicating non-party interests
 31 March 2026
Gilbert Zulu v Zambezi River Authority (COMP/ IRCLK/ 157 /2021) [2026] ZMHC 47 (31 March 2026)
Attainment of retirement age without giving required notice does not constitute retirement, so payroll retention and post‑retirement benefits fail.
Employment law – retirement age and notice requirements; Interpretation of by‑laws (S.I. No. 2 of 1995) and effect of S.I
No. 46 of 2019; Article 189(2)
Constitution – retention on payroll limited to pension benefits under pension law; distinction between retrenchment and pension benefits; counterclaim – delay in remedy and failure to recover from terminal benefits disentitles employer
 31 March 2026
Hilton Kasanyika v The People (HPEF/15/2025) [2026] ZMHC 42 (31 March 2026)
Conviction for theft quashed where prosecution failed to prove taking or fraudulent intent and trial court relied on speculation.
Criminal law — Theft: elements of theft (taking/movement, fraudulent intent, absence of claim of right) — Burden of proof beyond reasonable doubt — Administrative acts (requisitioning/stock control) do not amount to taking absent movement or fraud — Trial judge must give reasoned judgment and not convict on speculation — Adverse inference from alleged 'volunteer' status improper without evidence
 31 March 2026
Kalika Phiri v Samson Mukasano (Appeal No 359 /2023) [2026] ZMCA 59 (31 March 2026)
The court upheld the respondent's chieftainship, favoring documentary recognition and community acquiescence over competing oral claims.
Chieftainship succession; customary law; Kojo v Bonsie evidential test; documentary contemporaneous records v oral tradition; matrilineal succession; administrative recognition; adequacy of judicial reasoning
 31 March 2026
Konkola Copper Mines Plc v Attorney General and Ors (APPEAL NO. 09/2024) [2026] ZMSC 8 (31 March 2026)
Failure to notify the appellant of a Director's decision precludes statutory appeal; High Court may hear the trespass action.
Mines and Minerals Development Act — sections 96 and 97 — mandatory written notice, reasons and right of appeal — failure to notify precludes invoking 30‑day appeal — jurisdiction and mode of commencement — trespass action vs statutory appeal — remit to High Court
 31 March 2026
Law Association of Zambia v Makondo Simubala (2021/HP/1319) [2026] ZMHC 41 (31 March 2026)
A legal practitioner who withdraws and dissipates client funds without authorization breaches a strict fiduciary duty and may be struck off.
Professional misconduct — failure to account — client trust funds — unauthorized withdrawal and transfer — strict fiduciary duty under Legal Practitioners Act and Practice Rules — striking off as sanction
 31 March 2026
People's Action for the Country's Transformation v Electoral Commission of Zambia and Anor (2026/CCZ/001) [2026] ZMCC 10 (30 March 2026)
Challenge to sequencing of delimitation and voter registration dismissed; delimitation disputes governed by Article 58(7) and no required sequence exists.
Constitutional law — delimitation of constituencies — Article 58(7) special review mechanism; delimitation need not precede voter registration; Act No.13/2025 increases constituencies; ripeness/prematurity of constitutional challenges; independence of Electoral Management Body
 30 March 2026
Brain Mundubile and Ors v Miles Bwalya Sampa and Ors (2025/HP/0577) [2026] ZMHC 40 (27 March 2026)
Plaintiffs failed to prove the Extraordinary General Conference or election were invalid; claim dismissed and each party bears own costs.
Political party governance — validity of Extraordinary General Conference and election — compliance with party constitution and regulations — evidential burden and proof — internal party electoral regulations not produced — constitutional challenge (Article 60(2)) falls to Constitutional Court.
 27 March 2026
Council Of The Nkwame Nkrumah University v Pan African Institute For Development (No. 43/2024) [2026] ZMCA 49 (26 March 2026)
Whether the respondent's capacity to sue after revocation of the statutory order must be decided before trial.
:[
 26 March 2026
Merchandised Mining Solutions (Z) Limited v Konkola Copper Mines Plc (145/2025) [2026] ZMCA 50 (26 March 2026)
Post-award tort claims for trespass and conversion were not barred by a prior arbitration award and are remitted to trial.
Res judicata – whether prior arbitral award bars later tort claims; abuse of court process; arbitration clause scope and separability; post-award tortious claims for trespass and conversion; duty to raise claims with reasonable diligence
 26 March 2026
Nicole Saloheimo v Wayne Carbutt (APPEAL NO. 30/2025) [2026] ZMCA 47 (26 March 2026)
Failure to cite enabling law was not fatal; access and maintenance orders upheld as in the child’s best interests.
Procedure—Practice Direction/non-compliance—jurisdiction; Family law—Children’s Code Act—best interests; Access—meaningful contact vs. restricted hours; Maintenance—assessment of means, quantum and effective date; Arrears—requirement for clear pleadings and documentary proof; Appellate review—interference only for perversity/misdirection or material misapplication of discretion
 26 March 2026
The People v Tonderai Luwisi (APPEAL NO. 107 /2024) [2026] ZMCA 31 (26 March 2026)
Appeal against a twenty‑year murder sentence dismissed; child evidence expunged and sentence altered to imprisonment with hard labour.
Criminal law – murder – provocation as failed defence amounting to extenuating circumstances – children's evidence and proper voir dire under Children’s Code – competence of DPP appeal on sentencing principles – sentence alteration to hard labour.
 26 March 2026
ZCCM Investments Holdings PLC v Goodwell Chakota and Others (20/2025) [2026] ZMCA 55 (26 March 2026)
Whether similarly circumstanced employees can be joined to execute an old Industrial Relations judgment despite limitation periods.
Industrial Relations Act s85(6) – joinder of similarly circumstanced employees; Limitation Act 1939 ss2(1) and 2(4) – time limits for actions and execution of judgments; consent order and revival of limitation; finality of litigation
 26 March 2026
Alliance One Zambia Limited v Squire (Appeal No.14/2025) [2026] ZMCA 48 (25 March 2026)
Court of Appeal found a subsisting crop‑finance contract, upheld Respondent's admitted indebtedness, and remitted assessment to the Registrar.
Contract formation – totality of evidence; admissibility of non-original/scanned documents once foundation laid; confirmation of debt as admissible admission; signature discrepancies not necessarily fatal; assessment of outstanding contractual indebtedness by Registrar; interest at 1% above SOFR
 25 March 2026
Bukari Pharmacy v Mashake Mweemba (APPEAL NO. 74/2025) [2026] ZMCA 33 (25 March 2026)
Appellant's failure to comply with Industrial Relations Division procedure and to show sufficient cause warranted dismissal of appeal.
Industrial Relations Division procedure — setting aside judgment obtained in absence — sufficiency of cause — applicability of High Court/English Rules — affidavit of service — legal effect of ex parte endorsement.
 25 March 2026
Chris Hamuwele v Mulungushi University (APPEAL No.75/2025) [2026] ZMCA 34 (25 March 2026)
An issue not raised below cannot be raised on appeal; Industrial Relations Court may overlook technical defaults under section 85(5).
Industrial relations jurisdiction – Procedural defaults – Whether issues not raised below may be raised on appeal – Filing of answer and leave to file out of time – Section 85(5) Industrial Relations Rules (flexible equitable jurisdiction) – Evidence of service as commencement of limitation.
 25 March 2026
Climate Action Professionals Zambia v Attorney General (2025/CCZ/0025) [2026] ZMCC 7 (25 March 2026)
Whether non‑implementation of statutory climate mechanisms constitutes a justiciable constitutional violation.
Constitutional law — Article 257(g) duty to address climate change — Green Economy and Climate Change Act (GECCA) — IMRV System, Climate Change Fund, Climate Change Register — statutory compliance vs. constitutional question — jurisdiction and justiciability — referral under Article 128(2).
 25 March 2026
Dangote Cement PLC v Mutemwa Malambo (APPEAL NO. 379/2023) [2026] ZMCA 51 (25 March 2026)
Where dismissal follows an unless order not proved served, a court may review and restore the matter to do substantial justice.
Civil procedure – unless orders and dismissal for non-compliance – effect of non-service of notice – court’s power to review its own final order to do substantial justice – ex parte review and natural justice – procedural technicalities not fatal
 25 March 2026
Douglas Simukonda v The People (Appeal No.91/2024) [2026] ZMCA 52 (25 March 2026)
Conviction unsafe where mental incapacity not proved; medical evidence required in borderline cases.
Criminal law – Defilement of an imbecile – Proof of mental illness/imbecility – Requirement of medical evidence in borderline cases – Admissibility of lay/ocular evidence to prove incapacity – Knowledge element under Section 139 Penal Code
 25 March 2026
Eleana Stella Koukoudis (Trading as Aetos Estates) and Anor v Image Civil And Electrical Engineering Limited (APPEAL NO. 182 OF 2025) [2026] ZMCA 36 (25 March 2026)
Preliminary issues involving disputed facts under Order 33/3 are not suitable for summary determination under Order 14A; appeal dismissed.
Civil procedure – Order 14A RSC – summary determination of questions of law; Order 33/3 RSC – preliminary issues of fact or law to be tried; distinction between summary disposal and trial/inquiry; statutory qualification and illegality under the Zambia Institute of Architects Act; jurisdiction to hear claims tainted by alleged illegality.
 25 March 2026
First Capital Bank Limited and Anor Networld Logistics Limited and Ors (Appeal No. 322/2024) [2026] ZMCA 37 (25 March 2026)
An equitable mortgage may be recognised from parties' clear intention despite non‑registration, permitting foreclosure and conveyance.
Equitable mortgage — created by deposit of title deeds or by parties' agreement/intention — effect of non‑registration — foreclosure and conveyance — equity regards as done that which ought to be done.
 25 March 2026
Giford Kabunda v Enala Mulambo (APPEAL NO. 330 OF 2024) [2026] ZMCA 42 (25 March 2026)
A surviving spouse beneficiary has locus standi to sue over intestate property; court ordered the estate administrator be joined.
Intestate succession; surviving spouse’s interest in matrimonial property; locus standi of beneficiaries; reasonable cause of action; constructive trust defence; joinder of estate administrator; costs follow the event.
 25 March 2026
Kenneth Kaira (Suing in his capacity as acting Secretary General of United National Development Independence Party UNIP) v Mulenga Mwiche and Anor (Appeal No. 82/2025) [2026] ZMCA 41 (25 March 2026)
Whether party suspensions lapse after twelve months and whether the acting secretary-general had locus standi to sue.
Party law – disciplinary procedure – suspension limited to 12 months – effluxion of time; representative actions – locus standi and common interest; Order 14A/Order 33 summary disposal; costs follow the event.
 25 March 2026
Maambo Simukuni v Tenyiwe Sibindi (APPEAL No./202/2023) [2026] ZMCA 39 (25 March 2026)
A trust deed made during divorce cannot defeat adjustment; matrimonial property may be sold and proceeds divided between spouses.
Family law – property adjustment between spouses – trust deed executed during or after divorce – timing and intention relevant; contributions in kind and by familial role recognized; encumbrance raised on appeal unsupported by documents.
 25 March 2026
Munir Zulu v The Attorney General and Ors (2025/CCZ/0011) [2026] ZMCC 8 (25 March 2026)
An MP’s imprisonment automatically vacates the seat; an appeal does not suspend the vacancy or by-election timeline.
Constitutional law — Parliamentary privilege limited to proceedings; Imprisonment disqualifies MP under Art 70(2)(f) and vacates seat under Art 72(2)(b); pending appeal does not suspend vacancy or by-election timelines; Article 128 references decided on the referring court’s record; Chilangwa affirmed.
 25 March 2026
Nampak Zambia Ltd v Nice Products Ltd (APPEAL NO 16/2025) [2026] ZMCA 40 (25 March 2026)
Part payments and acknowledgements reset limitation; credit notes compensated defects so damages were set aside.
Limitation Act s23(4) – acknowledgement/part payment restarts limitation; Sale of Goods Act s14 – implied fitness for purpose requires known particular purpose and reliance; credit notes as compensation; prevention of double recovery; debt assessment and costs.
 25 March 2026
Probase Zambia Limited v Lukanga Water and Sanitation Company Limited and Anor (Appeal No. 21/2025) [2026] ZMCA 45 (25 March 2026)
Contract expired by effluxion of time; no implied extension; damages upheld but payment under guarantee set aside to avoid unjust enrichment.
Contract law — effluxion of time v implied extension by conduct; specific performance requires subsisting contract; advance payment guarantees — payment on terms and risk of unjust enrichment; appellate procedure — new issues not raised below inadmissible on appeal
 25 March 2026
Ronald Kaoma Chitotela v Azadi Investment Limited and Another (APPEAL NO. 167/2025) [2026] ZMCA 44 (25 March 2026)
Appeal dismissed: court held agreed written submissions and clear contract required the appellant to pay VAT; costs awarded.
Contract interpretation – express terms and inadmissibility of extrinsic evidence; Tax law – VAT payable where contract expressly provides + consumer liability; Civil procedure – parties bound by agreed procedure (written submissions); Pleadings – issues not pleaded may be dismissed as afterthoughts; Costs – discretionary award to successful party
 25 March 2026
Sandra Mwale v The People (APPEAL No.95/2024) [2026] ZMCA 53 (25 March 2026)
Conviction for defilement unsafe where child’s identification lacked corroboration despite medical evidence of sexual activity.
'Defilement' – Child witness evidence – Corroboration under Section 78(9) Children’s Code Act – Medical evidence corroborates occurrence of sexual activity but not identity – Unsafe conviction where identity not corroborated
 25 March 2026
Skab Merchents Limited and Anor v Emilmark Construction & Consultancy Ltd and Anor (APPEAL No./344/2023) [2026] ZMCA 38 (25 March 2026)
Sale was not by description and misrepresentation was not established; contract remains valid and respondents must pay the invoice price with interest.
Sale of goods — whether sale by description — implied condition as to description — Sale of Goods Act s.13 — FOB pricing and per-ton quotations — misrepresentation — rescission — proof of special damages and transport costs — contractual allocation of carriage.
 25 March 2026
Tempson Simbeye and Others v John Tembo and Others (72/2025) [2026] ZMCA 46 (25 March 2026)
Possession order set aside where court-ordered resurvey was not properly conducted or analysed, remitting matter for a compliant resurvey.
Land law – resurvey versus boundary verification – compliance with court-ordered resurvey – natural justice and right to be heard before dispossession – inadmissibility of execution based on verification relying on defective survey diagrams
 25 March 2026
The People v Stephano Raphael Falasi (Appeal No. 109/2024) [2026] ZMCA 56 (25 March 2026)
Whether the High Court may exercise revisionary powers on appeal and the effect of an improperly recorded plea on forfeiture orders.
Criminal procedure — Revisionary jurisdiction vs appellate jurisdiction — Sections 337 and 338 Criminal Procedure Code — Prohibition on review where convicted person has appealed; Plea procedure — accused represented by counsel; dealing with disputed facts; consequences of improperly taken plea; Conviction‑based forfeiture — requires valid conviction and proper nexus
 25 March 2026
Timothy Lipofya v The People (Appeal No. 101/2024) [2026] ZMCA 54 (25 March 2026)
Court reduced the appellant's 22-year manslaughter sentence to 4 years, finding insufficient aggravating factors.
Criminal law – Manslaughter – sentencing – manifestly excessive sentence – aggravating factors – place of assault – internal head injury (subdural haematoma) – appellate interference under Court of Appeal Act
 25 March 2026
Tulambo Kumwenda and Ors v Solwezi Dairy Farm Limited and Ors (APPEAL NO. 47/2025) [2026] ZMCA 32 (25 March 2026)
A non‑party cannot be joined to challenge an executed consent judgment absent an appeal or application for review.
Civil procedure — Joinder after judgment — Consent judgment — Functus officio — Post‑judgment joinder permissible only where there is an appeal or review — Locus standi and sufficient interest required for joinder.
 25 March 2026
Deton Engineering Pvt v Konkola Copper Mines Plc (APPEAL NO. 203/2023; CAZ/8/242/2023) [2026] ZMCA 35 (24 March 2026)
A sanctioned scheme binds only statutory creditors with enforceable debts; pending contested claims do not oust appellate jurisdiction.
Corporate Insolvency Act – Scheme of Arrangement – effect of sanction – binding on creditors as defined by statute; jurisdictional objections may be raised at any time; pending/unascertained claims are not 'creditors' under scheme.
 24 March 2026
Levi Chimfwembe v Sampa Leonard Musonda (APPEAL NO. 226/2023) [2026] ZMCA 43 (24 March 2026)
The Court of Appeal upheld calculation of terminal benefits under the written contract, ordered NAPSA refund, and dismissed the appeal.
Employment law – written contract governs terminal benefits; gratuity calculated on agreed exit salary; unremitted pension (NAPSA) contributions refundable; Employment Code applicable where termination occurred after its commencement.
 24 March 2026
Stanley Katebe v Metalex Africa Limited and Ors (Appeal No. 13 of 2025) [2026] ZMCA 29 (20 March 2026)
Writ of summons was proper for mixed Companies Act claims; case remitted for full determination on the merits.
Companies Act — mode of commencement — writ of summons v originating summons — multiplicity of actions — jurisdiction — appellate restraint where trial court made no findings of fact — minority shareholder remedies; account of profits; oppressive conduct.
 20 March 2026
Sunday Special Security Limited and Another v Laico Zambia Limited (Appeal No. 12 of 2025) [2026] ZMCA 30 (20 March 2026)
Whether a purported contract renewal by a former secondee bound the respondent and if trial findings were plainly wrong.
Contract law – authority and capacity to bind principal; agency/secondment – limits on authority of former secondee; validity of purported contract renewals; indoor management/Turquand rule – inapplicability where principal notified of non-renewal; appellate review – deference to trial court factual findings (plainly wrong standard).
 20 March 2026
Tikumbe Mining Limited and Anor v China Copper Mines Limited (Appeal No. 358 of 2024) [2026] ZMCA 28 (20 March 2026)
An appeal from a judgment delivered in chambers is incompetent without leave under section 23(1)(e) of the Court of Appeal Act.
Appeal procedure — requirement of leave to appeal from judgments delivered in chambers — Court of Appeal Act s.23(1)(e); Competency of appeal — failure to obtain leave is incurable; Civil procedure — originating summons under Order 113 RSC for summary possession of land; Effect of cancelled mining licences on possession (decided in lower court but not considered on appeal).
 20 March 2026
Aaron Jere v Paramount Chief Mpezeni IV and Others (2017/HP/1748) [2026] ZMHC 39 (19 March 2026)
Applicant's challenge to removal as Ngoni chief dismissed; paramount chief's customary authority upheld.
:[
 19 March 2026
Munir Zulu v Attorney General and Anor (2025/CCZ/0010) [2026] ZMCC 6 (19 March 2026)
Whether Article 76 parliamentary privilege protects media statements made within National Assembly precincts.
Constitutional jurisdiction – Article 128(2) referral obligation; Parliamentary privilege – Article 76 freedom of speech limited to formal proceedings; Press briefings and media statements within precincts not protected; Justiciability of internal parliamentary matters.
 19 March 2026
Metro Advertising Limited v Zambia National Commercial Bank Plc (2024/HPC/0542) [2026] ZMHC 36 (13 March 2026)
A commitment letter during ongoing negotiations did not create a binding contract; claims were dismissed.
Contract formation — Commitment letters/letters of intent — Intention to create legal relations — Certainty of essential terms — Consideration — Proof of special damages for loss of business.
 13 March 2026
Munir Zulu v Attorney General and Chibwili (Appeal No. 23/2025; SCZ/8/11/2025) [2026] ZMSC 7 (13 March 2026)
High Court erred by deciding a petition not before it and failing to rule on the applicant's stay application.
Constitutional law — parliamentary privilege and alleged immunity from criminal prosecution; Civil procedure — jurisdiction and competence to decide matters not formally before the court; Procedural fairness — judge’s misdirection in deciding unargued issues; Remittal to cure failure to determine application heard.
 13 March 2026
Angness Mankuwe and Others v The Attorney General (2022/HP/1954) [2026] ZMHC 30 (11 March 2026)
Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.
 11 March 2026
Mutemwa Sililo and Anor v Simwelleba and Anor (APPEAL NO. 204 OF 2023) [2026] ZMCA 25 (11 March 2026)
Specific performance granted only for available 2-acre title; assignments lodged during a subsisting caveat were irregular, and the balance refunded with interest.
Property law – contract of sale – extent of land sold – caveat effect – entries made during subsistence of caveat irregular; Limitation – land actions 12-year period; Specific performance – discretionary remedy and cannot affect rights of unjoined third-party title holders; Alternative damages – court must choose appropriate remedy.
 11 March 2026