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Recent Judgments

National Prosecution Authority v Miyanda Phenny Maambo (Application NO. 107 /2024) [2026] ZMCA 93 (5 June 2026) A withdrawn appeal relaunched without leave under Order X r12(4) is incompetent; preliminary objections may be raised before the record is filed. Civil Procedure — Appeals — Withdrawal and Restoration — Whether a withdrawn appeal may be relaunched without leave under Order X r12(4) of the Court of Appeal Rules — Preliminary Objection — Whether Order XIII r5(1) prevents raising objections before the record of appeal is filed	5 June 2026
Franklin X Chungu v The People (HP8A/19/2026) [2026] ZMHC 74 (4 June 2026) Applicant charged with a state security offence granted bail where prosecution did not oppose and continued detention was unjustified. Criminal Law — Bail — Admission to bail pending trial — Application under Criminal Procedure Code s 123(3) and (4) read with s 33 — Effect of prosecution's non‑opposition Criminal Procedure — Arrest and Detention — Detention without being taken to court beyond 24 hours — Relevance to bail entitlement	4 June 2026
Issac Mwanza and Anor v Chitalu Chilufya and Ors (2026/HP/EP/002) [2026] ZMHC 73 (3 June 2026) Failure to file mandatory skeleton arguments and authorities with a nomination petition divests the court of jurisdiction. Election Law — Nomination Petitions — Requirement to file skeleton arguments, list of authorities and supporting documents with the petition — High Court (Election Petition) Rules r 4(3) Civil Procedure — Jurisdiction — Mandatory procedural requirements — Effect of non-compliance with statutory "shall" provisions divests court of jurisdiction and renders proceedings incompetent	3 June 2026
Chreso University v Phindulani Njobvu (285/2023) [2026] ZMCA 90 (28 May 2026) A board resolution filed late without leave and without giving the respondent opportunity to reply cannot support an appeal against gratuity entitlement. Civil Procedure — Industrial relations — Admission of further affidavit after close of case — Right to be heard — Improper introduction of a board resolution — Court's duty to regulate its procedure — Ensuring substantial justice without prejudice to either party Employment Law — Gratuity — Contractual gratuity rate dispute — Validity and admissibility of board resolution filed late	28 May 2026
Simba Milling Limited v Kamanga Mukadi (APPEAL NO. 119/2023; APPLICATION NO. SP 27 /2025) [2026] ZMCA 89 (28 May 2026) Leave granted to appeal so Supreme Court can clarify jurisdictional effect of defective records of appeal. Civil Procedure — Appeals — Defective or Incomplete Record of Appeal — Whether missing transcripts affect jurisdiction and proper determination of appeal — Court of Appeal Act s 13 — Leave to Appeal to Supreme Court — Public interest and reasonable prospects as threshold for leave — Court of Appeal Act s 13	28 May 2026
The People v Muyunda Nyambe (2SPN/160/24) [2026] ZMSUB 7 (28 May 2026) The accused person used public office to secure his sister's appointment—convicted of abuse, forgery and uttering; acquitted on one count. Anti‑corruption law — Abuse of authority — Use of public office to obtain advantage for a relative — Anti‑Corruption Act s21(1)(b) and s21(2) Criminal law — Forgery — Making a false document with intent to deceive — Penal Code s342/s347 — Uttering false documents — Use, dealing with and inducing action upon false documents — Penal Code s4/s352	28 May 2026
Elvis Kafula Mwale v Baron Chomba (APPEAL NO.321/2024) [2026] ZMCA 95 (27 May 2026) A non‑civil‑servant occupant was not eligible to buy a government pool house; title stood and mesne profits were inappropriate. Property Law — Government Pool Houses — Eligibility to Purchase — Role of Sitting Tenant and Civil Servant Status — Cabinet Circular No.12 of 1996 Land Law — Certificate of Title — Prima Facie Proof of Ownership; Challenge Requires Clear Proof of Fraud or Impropriety — Lands and Deeds Registry Act ss33–34 Remedies — Mesne Profits — Award Requires a Landlord–Tenant Relationship or Established Tenancy	27 May 2026
Chanda Garagan (Sued as Administrator of the Estate of the late Catherine Mayamno Sakeni) v Mwaba Sakeni (APPLICATION NO.03/2025; CAZ/8/265/2024) [2026] ZMCA 94 (27 May 2026) Delay excused but intended appeal lacked reasonable prospects; leave out of time and stay were refused. Civil Procedure — Appeals — Leave to appeal out of time — Requirement to show sufficient cause and reasonable prospects of success — Stay of Execution — Granting a stay depends on leave to appeal and whether the order is capable of being stayed	27 May 2026
Precious Chishimba Kanyanta v Ivan Sibalwa (suing as administrator of the Estate of late Grace Siachenda) and Anor (APPEAL NO. 236/2023) [2026] ZMCA 91 (27 May 2026) A grant of administration obtained on an essential untrue statement may be revoked, but contributors to property can claim equitable interest. Succession Law — Administration of Estates — Revocation of letters of administration obtained by an untrue statement — Intestate Succession Act ss 15, 29 Property Law — Contributions to Matrimonial Property — Equitable relief for improvements and unjust enrichment — High Court Act s 13; Jimminny Walker authority Civil Procedure — Determination of Beneficiaries — Duty to identify dependents and minor interests before distribution	27 May 2026
Geofrey Nondo v Noble Sikazwe and Ors (APP NO. 52/2025) [2026] ZMCA 88 (27 May 2026) Failure to comply with mandatory appellate service rules warranted dismissal of the appeal and costs against interested parties' practitioners. Civil Procedure — Appeal — Service of Notice and Memorandum of Appeal — Mandatory compliance with Court of Appeal Rules Order 10 r 3(9) — Service of Record and Heads of Argument — Proper personal or authorised service required; informal arrangements insufficient — Costs — Personal liability of legal practitioners — Counsel may be ordered to pay costs where conduct in failing to effect proper service is improper or negligent	27 May 2026

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Recent Legislation

Patents (Amendment) Act, 1980	Act 18 of 1980	1 January 9999
Electoral Process (Amendment) Act, 2026	Act 12 of 2026	15 May 2026
Road Traffic (Public Service Vehicles) (Restriction on Night Driving) (Revocation) Order, 2026	Statutory Instrument 27 of 2026	20 April 2026
Investment, Trade and Business Development (Development of Premises and Operation of Business) Regulations, 2026	Statutory Instrument 26 of 2026	17 April 2026
Customs and Excise (Customs Clearing and Forwarding Agents) Regulations, 2026	Statutory Instrument 25 of 2026	17 April 2026
Banking and Financial Services (Liquidity Coverage Ratio) Directives, 2026	Government Notice 663 of 2026	17 April 2026
Value Added Tax (General) (Amendment) (No. 2) Rules, 2026	Government Notice 638 of 2026	16 April 2026
Industrial Designs (Registration) Regulations, 2026	Statutory Instrument 23 of 2026	10 April 2026
Banking and Financial Services Act, 2026 Uncommenced	Act 9 of 2026	8 April 2026
Agricultural Marketing Act, 2026 Uncommenced	Act 8 of 2026	8 April 2026

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Recent Gazettes

Zambia Government Gazette dated 2026-04-30 number 7916	30 April 2026
Zambia Government Gazette dated 2026-04-30 number 7915	30 April 2026
Zambia Government Gazette dated 2026-04-24 number 7911	24 April 2026
Zambia Government Gazette dated 2026-04-24 number 7914	24 April 2026
Zambia Government Gazette dated 2026-04-24 number 7912	24 April 2026