My Two Cents: A Zambian Case Law Podcast

In this episode, we examine a decision of the Supreme Court of Zambia concerning the estate of the late Funny Lungu. The case considers whether a lawyer who drafted a Will can subsequently claim to have been appointed as executor or legal counsel to the estate, and the legal consequences that follow when a grant of probate is revoked. The discussion also explores the circumstances under which expe...

This episode discusses a Court of Appeal decision on whether an administrator of an estate can mortgage estate property for a personal loan. The Court held that an administrator has no authority under the Intestate Succession Act to use estate property as security for personal benefit. Please note that at 10:17 of the podcast, I mention “Alexander Geraldine” when I was meant to say “Geraldine Luko...

In this episode, we discuss the Supreme Court decision in Gilbert Chikoti v. ZESCO Limited, where the Court considered whether ZESCO could be held liable for a house fire allegedly caused by a power surge after electricity was restored following an outage. The Court held that the responsibility to install protective devices such as surge arrestors lies with the customer and reaffirmed that ZESCO’s...

In this episode, we examine whether a person is entitled to a commission for assisting in the purchase or sale of property, or whether one must be a licensed real estate agent to lawfully claim such commission. This follows the case of Davies Kebby Nyirongo v Rockstone Industry Company Limited, where Davies Kebby Nyirongo  sought to recover a 10% commission for facilitating a land transaction unde...

In this episode, we examine whether the High Court of Zambia has jurisdiction to dissolve a marriage contracted under Sunni Muslim Law. The case follows Nooria’s attempt to petition for divorce after her husband pronounced Talaq, raising an important legal question about the application of the Matrimonial Causes Act to religious marriages in Zambia. The Supreme Court of Zambia ultimately determine...

The Supreme Court for Zambia had to determine the issue of whether between the Industrial Relations Court or High Court, which Court has jurisdiction to deal with employment matters for terminal benefits and redundancy packages. Please note that I did mention the case of ZANACO v Martin Musonda , However, the case is a Constitutional Court Judgment and not a Supreme Court Judgment as mentioned. I...

The High Court for Zambia had to determine , inter alia , the following issues ; Whether a legal practitioner can commence proceedings in his personal capacity requesting for payment of legal fees ; and Whether a legal practitioner can practice and represent clients independent of a law firm ? . N.B: This Podcast is for educational purposes only and does not render any legal advise . Please get in...

The Constitutional Court of the Republic of Zambia had to determine: "Whether the petitoner was entitled to be retained on the Respondent's payroll following his retirement until payment of his pension benefit?" Disclaimer : This podcast does not provide any legal advise as it is for educational purposes . Please ensure you seek advice from a practitioner whenever a dispute arises . Become a suppo...

The issues for determination in this Case were as follows ; (i) Does the Supreme Court of the Republic Of Zambia have power to listen to an application on first instance? ; (ii) Can the Supreme Court of the Republic Of Zambia order a Judge of the High-Court to perform their judiciary functions? Disclaimer : This is an educational podcast on the law and does not provide any leagal advise . Please c...

The issue for determination by the High-Court of the Republic of Zambia was: " Whether Section 15 (1) of the Corrupt Practices Act contravened Article 20 (7) of the Constitution of Zambia?". N.B: Kindly note this podcast does not provide any legal advice as it is only for educational purposes. If you need legal advice , please engage a legal Practitioner. Become a supporter of this podcast: https:...

The Issues for determination in this matter were; (i)Does the surviving spouse have a prior eligibility to be appointed as administrator over the deceased‘s relatives? ; (ii)Whether the surviving spouse should be informed and consulted before the appointed of the administrator? Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/sup...

The issues for determination in this Divorce Case before the High-Court of the Republic of Zambia were as follows ; (i) Which ceremony between the Customary Marriage or the Stautory Marriage created the marriage ?; (ii) Did the Marriage Ordiance Act Allow for a conversion of a vaild potentially polygamous marriage to a valid monogamous marriage? , and (ii) Did the High-Court have jurisdiction unde...

Law Issue in this case. This was a Constitutional matter before the High Court that was tasked with determining whether or not the President of the Republic of Zambia has the legitimate authority/power to issue directives to limit access to the usage of Public Owned Media Houses by opposition political parties. Brief Background to matter. The President of the Republic of Zambia in 1990, The late D...

This case deals with conviction of an accused person on purely indirect evidence (Circumstantial Evidence) without any eye witness present at the scene of the crime . The Brief facts of this Appeal Case before the Supreme Court of Zambia is that Patrick Sakala was convicted for the offence of murder pursuant to Section 200 of the Penal Code. Patrick Sakala had murdered a four year old boy after th...

The episode explains the changes that have been implemented so as to deliver a better podcast for the various listeners. In addition, this episode provides the listeners with an insight of the new addition features and changes that been applied to the podcast. If you have a case you would to be featured on the podcast ,get in touch with me through the details listed below. Email: georgemalipilo23@...

This is a conclusion episode concerning the case of Fredrick .M.Kunda . This episode gives a deeper analysis of why the Supreme Court of Zambia reversed the Judgement of the Subordinate Court, which relied on a specific Criminal provision of the Law that was now repealed and not enforceable . The episode also talks about Section 122 of the Juveniles Act,Chapter 53 of the Laws of Zambia and how a C...

This is an Appeal from the Judgement of the Subordinate Court (Herein also known as the Magistrate Court) in which it found the Appellant guilty of the offence of defilement of a 7 year old Children . The High Court For Zambia which passed sentencing due to the limitation power of the Magistrate, give the offender, 25 Years imprisonment with Hard Labour . The Appellant now brought his matter befor...

The Respondent in the Supreme Court of. Zambia ("Hill and Delamain Zambia Limited") had taken out Court Process ( Writ of Summons + Statement of Claim) to recover monies owed for services rendered at the instance and request of the Appellant in the Supreme Court of Zambia ("Associated Chemiclas Limited") . The Crux of the Appellant's argument in the Supreme Court of Zambia was that due to a clause...

This was an appeal from the Judgement of the High Court for Zambia that the Plaintiff having defaulted on the Loan agreement between itself and the Defendant . The Plaintiff therefore owed an outstanding amount of ZMW 36,642.71 and that the Defendant was within it's Contractual lane when it sold the Truck that had been placed as security for a Loan argreement of ZMW 45,000.00. According to the bri...

The main argument in this Intellectual Property dispute was; whether or not a proprietor of unregistered Trademark , can prevent another person or company from registering that trademark . Music by "BenSound" Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support .

The issues that the Supreme Court of Zambia had to decided were; (i) Whether International Agreements that have not been domesticated despite been ratified and assented to by the State are applied in Zambia; and (ii) Whether Judges can cite International Agreements that are yet to be domesticated as an Act of Parliament . Music by Bensound Become a supporter of this podcast: https://www.spreaker.c...

This appeal before the Supreme Court of Zambia discusses he mode of commencement for Civil proceedings in the High-Court for Zambia . Music by Bensound (c) 2019 Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support .

The Supreme Court of Zambia was asked by Appellant to decided as to whether the High-Court of Zambia had erred in Law by not following the case of Donoghue v Stevenson (English Judgement) by herein Stating that he did not consume the adulterated drink and such could not claim damages. Music from Bensound . Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-...

The issue before the Supreme Court of Zambia was if One half of the Siwale Children herein ("Henry Mpanjilwa Siwale ;Reverend Ewen Siwale ,Kelvin Siwale and others being children of the Deceased Donaldo Siwale) were entitled to be included on the Title Deeds for Farm No.5032 ,Nakonde which was in the name of the younger brother (Musenge Siwale). The Late Donaldo Siwale had left 400 Hectreas of Cus...

The Issue for determination before the Supreme Court of Zambia was whether Z.P.A Payment in lieu of Notice was unlawful and unjustified . The Second issue for determination before the Supreme Court of Zambia was In the event No Termination Period or Notice clause is expressed stated in the Contract of Employment . What will be the accepted or reasonable notice to give the employee about the termin...