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Recent Judgments

Mukambi Safari Lodge Limited v Idris Ahmed Essa (Application No. 124/2025) [2026] ZMCA 78 (8 May 2026) Court limited an interlocutory injunction to disputed subdivisions, holding injunctions must preserve the status quo. Civil procedure — Interlocutory injunction — Principles: clear right, serious question to be tried, adequacy of damages Property — Registered title — Certificate of title and limits on injunctions against registered proprietors Civil procedure — Status quo — Injunctions must preserve, not create, rights	8 May 2026
Clark Chilala (Suing as Attorney for James Ndambö) v Killian Mudenda (CAZ/08/447/2023) [2026] ZMCA 77 (8 May 2026) A purported jurisdictional objection that challenges the merits of a land-title order is premature and dismissed. Land law — Title disputes — Court’s power to cancel certificate of title and order consequential administrative action — Lands and Deeds Registry Act ss 33–34 Civil procedure — Jurisdictional objection — Distinguishing true jurisdictional defects from merits and timing of interlocutory objections	8 May 2026
Enock Chikwaba v Cecilia Mutanga (CAZ/08/181/2025) [2026] ZMCA 79 (8 May 2026) Late service of appellate documents without leave is a fatal procedural defect that rendered the appeal incompetent. Civil procedure — Appeals — Service of appeal documents — Whether late service without leave renders appeal incompetent — Procedural compliance — Mandatory time limits in Court of Appeal Rules — "Shall" construed as imperative Constitutional law — Procedural technicalities — Article 118(2)(e) does not cure non‑compliance with mandatory procedural rules	8 May 2026
Marshlands Consortium Limited and Ors v Chibamba and Ors (APPLICATION NO. 04 OF 2025) [2026] ZMCA 76 (7 May 2026) Whether certification under Rule 5(2) is required for multiple counsel in Court of Appeal proceedings. Civil procedure — Costs — Certification for multiple practitioners — Applicability of Legal Practitioners (Costs) Order Rule 5(2) to Court of Appeal proceedings — Court of Appeal discretion under Court of Appeal Rules Order 12/1 — Power to assess costs and prevent duplication Civil procedure — Taxation — Burden to justify multiple practitioners — Principles of reasonableness, necessity and proportionality	7 May 2026
Roland Imperial Tobacco Company Limited v Bpifrance Assurance Export (APPEAL NO.2 OF 2025) [2026] ZMCA 74 (7 May 2026) Arbitration clause did not bind the assignee; judgment on admission set aside for procedural denial of hearing. Civil procedure — Arbitration — Referral/stay under Section 10 Arbitration Act — Whether arbitration clause binds an assignee who is not a contracting party — Judgment on admission — Necessity to determine pending adjournment and afford an opportunity to be heard before entering judgment Bills of Exchange — Assignment — Holder’s right to sue in own name independent of arbitration clause in underlying contract	7 May 2026
University of Zambia v Ernest Ernesto Sinyolo (CAZ/08/128/2026) [2026] ZMCA 75 (6 May 2026) Stay confirmed pending appeal where appeal raises arguable issue whether conditional retirement benefits accrue after dismissal. Civil procedure — Stay of execution pending appeal — Prospects of success and prevention of rendering appeal nugatory — Order X r 5 CAR/Order 59 RSC Employment law — Employee benefits — Retirement gratuity vs superannuation — Whether conditional benefits accrue following dismissal	6 May 2026
Morgan Ng'ona (Suing as Member & Secretary General of the Patriotic Front Party) v Miles Bwalya Sampa (Sued in his capacity as President of the Patriotic Front) (CAZ/08/151/2026) [2026] ZMCA 73 (6 May 2026) Court dismissed direct application for injunction pending appeal because appellant failed to first apply to the High Court. Civil procedure — Interim injunctions pending appeal — Jurisdiction and competence to apply in the Court of Appeal — Order 59 Rule 10(9) RSC and Order 13 Rule 12 CARs — High Court inherent jurisdiction — Erinford injunctions pending appeal — Effect of Supreme Court authority (Kibler) — Procedural compliance — Requirement to first apply in High Court and renew in Court of Appeal — Consequence of direct application	6 May 2026
Allan Mulemwa Kandala v Zambia National Commercial Bank Plc and Ors (SP 006 of 2025) [2026] ZMCA 72 (4 May 2026) Leave to appeal denied; requirement for leave to commence derivative actions against receivers affirmed as settled law. Company law — Derivative actions — Requirement for leave to commence derivative action against receivers pre‑Companies Act 2017 Civil procedure — Leave to appeal to Supreme Court — Point of law of public importance; reasonable prospects of success; novelty — Section 13 Court of Appeal Act — Skeleton arguments without affidavits — Permissible where no disputed facts but good practice requires opposing affidavits	4 May 2026
Good Living Investment Limited v Theresa Mwila Banda (L NO. 155/2023; SP 35/2025) [2026] ZMCA 71 (30 April 2026) Leave to appeal refused where proposed grounds challenged factual findings and did not raise public law issues. Civil procedure — Appeal — Leave to appeal to Supreme Court — s13(3) Court of Appeal Act — Point of law of public importance; prospects of success; compelling reasons — High Court Rules — Order 22(3) — Power to recast or frame issues — Permissible where it aids determination of real controversy Evidence/procedure — Affidavits — Counsel swearing affidavits — Permissible for matters on the court record and questions of law	30 April 2026
Abuzaina v Dong Tang Decorations Limited and Anor (APPEAL NO.312/24) [2026] ZMCA 70 (30 April 2026) Court upheld that a backdated construction contract was void for duress and enforced the original agreement; USD75/sqm covered services only. Contract law — Duress and undue influence — Whether a backdated/amended construction contract was procured by threats of non‑payment, arrest/deportation and physical harm — Contract interpretation — Whether USD 75 per square metre was for services only or inclusive of materials — Clear and unambiguous clause enforced Civil procedure — Appeal grounds — Compliance with Court of Appeal Rules (Order X Rule 9(2)) — Improper narrative/argumentative grounds struck out	30 April 2026

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Recent Legislation

Patents (Amendment) Act, 1980	Act 18 of 1980	1 January 9999
Immigration Control Act, 2026 Uncommenced	Act 3 of 2026	8 April 2026
National Payment System Act, 2026 Uncommenced	Act 5 of 2026	8 April 2026
Criminal Procedure Code (Amendment) Act, 2026	Act 4 of 2026	8 April 2026
Disaster Management (Amendment) Act, 2026	Act 2 of 2026	8 April 2026
Agricultural Credits and Warehouse Receipts Act, 2026 Uncommenced	Act 7 of 2026	8 April 2026
State-owned Enterprises Act, 2026 Uncommenced	Act 10 of 2026	8 April 2026
Agricultural Marketing Act, 2026 Uncommenced	Act 8 of 2026	8 April 2026
Banking and Financial Services Act, 2026 Uncommenced	Act 9 of 2026	8 April 2026
Food Reserve Act, 2026 Uncommenced	Act 6 of 2026	8 April 2026

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Recent Gazettes

Zambia Government Gazette dated 2026-12-20 number 7879	20 December 2026
Zambia Government Gazette dated 2026-04-02 number 7896	2 April 2026
Zambia Government Gazette dated 2026-03-31 number 7895	31 March 2026
Zambia Government Gazette dated 2026-03-27 number 7894	27 March 2026
Zambia Government Gazette dated 2026-03-27 number 7893	27 March 2026