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15 documents
Title
Date
Davies Shamatanga v Fandu Resources Investments Limited (HP 317 of 2020) [2020] ZMHC 20 (22 August 2020)
Interlocutory injunction granted to restrain alleged unlawful mining/exploration on disputed land pending trial.
Interlocutory injunction — American Cyanamid test: serious question to be tried; adequacy of damages; balance of convenience — preservation of status quo — competing surface rights and mining/exploration rights — environmental assessment and Director of Mines' consent issues.
 Judgment 22 August 2020
Andreas Panagiotis Xirocostas v Poma (Appeal 206 of 2013) [2020] ZMSC 8 (13 May 2020)
Judgment 13 May 2020
RAE Zambia Limited v The Attorney General & Another (Appeal 112 of 2018) [2018] ZMCA 403 (28 November 2018)
A party likely to be affected by reissued exploration rights ought to be joined under Order 14/5(1) HCR.
Procedure — Joinder of parties — Order 14/5(1) HCR and Order 15/4(1) RSC — person entitled to or claiming interest in the subject matter or likely to be affected — ministerial cancellation and reissuance of petroleum exploration licence — discretion to join aimed at effective adjudication — distinction from Abel Mulenga.
 Judgment 28 November 2018
Mooto (SG Zambia Association of Timber and Forestry Based Industries) v Director of Forestry and Another (2017/HP/1016) [2018] ZMHC 560 (28 July 2018)
Court quashed verbal timber export ban for illegality, ordered licences issued; damages claim dismissed.
Judicial review — Forests Act (ss. 50, 53, 62) — Illegality and procedural impropriety for failure to give written notice and show cause — Ministerial verbal export ban unsupported by statute — Mandamus to statutory officer to issue/renew licences — Damages/compensation dismissed; s.56(1)(b) bars compensation.
 Judgment 28 July 2018
United Quarries Limited v Chongwe District Council (HP 1001 of 2007) [2018] ZMHC 322 (23 February 2018)
Judgment 23 February 2018
Katenge Resources Ltd v Avarmma Mining Company Ltd and Ors (CAZ 8 78 of 2017) [2017] ZMCA 144 (28 November 2017)
Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial.
Civil procedure – appeal – extension of time to file record of appeal – Order 13 Rule 3(3) Court of Appeal Rules – inordinate delay a question of fact – prejudice to respondent – dismissal for want of prosecution.
 Judgment 28 November 2017
Bukomo Mining Limited v Luiri Gold Mines Limited and Others (2010/HP/448) [2017] ZMHC 506 (28 September 2017)
Plaintiff’s Sheriff-auction acquisition of immovable mining assets failed due to irregular execution and lack of statutory surface rights and licence.
Civil procedure – Execution and sale by Sheriff – writ of fieri facias vs sale of immovable property; Sheriff’s Act ss14–15 – indemnity and purchaser protection; High Court Rules Order XLII – elegit and execution procedure; Mines and Minerals Development Act – mineral processing licence, surface rights, village consent and Zambian shareholding requirements; bona fide purchaser for value/no notice.
 Judgment 28 September 2017
Kangwa & Others v Zambia Environmental Management Agency & Others (Appeal 40 of 2012) [2014] ZMSC 143 (30 October 2014)
EIA consultation rights are not limited to title-holders; project approvals and remedial consultations justified dismissal of the appeal.
Environmental law – EIA process and public consultation; locus standi not confined to title-holders; admissibility and weight of expert evidence; mining licence/outsourcing; Ministerial suspension and legitimate expectation; procedural compliance for change of land use.
 Judgment 30 October 2014
Lafarge Cement Zambia Limited PLC v Sinkamba (Citizens for a Better Environment) (Appeal 169 of 2009) [2013] ZMSC 31 (26 November 2013)
Default judgment entered prematurely was irregular; respondent lacked locus standi to sue over the public Environmental Protection Fund.
Civil procedure – Default judgment – Irregular entry before 21 days contrary to Practice Direction – Effect of irregular default judgment; Constitutional/public law – Locus standi under Mines and Minerals Development Act s.123 – Private litigant cannot compel EPF payments; Environmental Protection Fund – claims against public fund are State prerogative; Frivolous and vexatious claims; Costs follow event.
 Judgment 26 November 2013
Mopani Copper Mines PLC v Kitwe Tabernacle End Time Message Ministries and Others (HK 330 of 2010) [2013] ZMHC 44 (16 October 2013)
Equitable assignment of land prevails over a later certificate issued in error; later title cancelled under s.34(1)(e).
Property law – equitable interest from unregistered assignment; priority of earlier title over later certificate; Commissioner of Lands’ improvident allocation; s.34(1)(e) Lands and Deeds Registry Act – cancellation of later certificate; no damages without proof.
 Judgment 16 October 2013
Chipalo and Others v Lusaka City Council (HP 766 of 2008) [2012] ZMHC 61 (16 October 2012)
Local authority’s unauthorized offer letters gave rise to refundable payments and a duty to recommend plaintiffs to the Commissioner of Lands.
Local government — State land allocation — Local authority issuing offer letters outside Commissioner of Lands’ powers — Illegality defence — Specific performance inappropriate where alienation power vested in Commissioner — Damages and administrative recommendation as remedy.
 Judgment 16 October 2012
Scrirocco Enterprises Limited v Kafue District Council and Attorney General (Appeal 60 of 2011) [2012] ZMSC 85 (3 August 2012)
Council's sand levy including crushed stones upheld as intra vires; originating summons appropriate; no double taxation found.
Local Government levies – By-laws imposing sand levy inclusive of crushed stones – Proper procedure (originating summons) for statutory construction – Wednesbury unreasonableness – No double taxation where national mining fees and local levies serve different taxing purposes.
 Judgment 3 August 2012
Loongo v Loongo and Shafwamba and Others (HP 973 of 2006) [2012] ZMHC 20 (5 March 2012)
Whether an interlocutory injunction should restrain defendants amid competing registered title and customary occupation claims.
Civil procedure — Interim injunction — Land dispute — Registered title v customary occupation — Balance of convenience and risk of creating new conditions pending trial — Discharge of ex parte injunction.
 Judgment 5 March 2012
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).
 Judgment 10 January 2006
People v Masauso and Another (HNR 252 of 1980) [1980] ZMHC 10 (7 April 1980)
A first‑class magistrate deputed within the same district may try an uncommenced case without formal transfer; an unjustified discharge is a nullity.
Criminal procedure – Transfer between magistrates of the same class within the same district – Formal order of transfer unnecessary for uncommenced (not part‑heard) cases – Discharge without hearing can be nullity and not an acquittal.
 Judgment 7 April 1980