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My Two Cents: A Zambian Case Law PodcastP.C.Cheelo and 9 Others v Zambia Consolidated Copper Mines Limited S.C.Z Judgment No.27 of 1999The 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 did mention other cases similar to the P.C.Cheelo, that haven been decided by the Court of Appeal for Zambia and our Supreme Court: Full citation of the...2023-03-3118 minMy Two Cents: A Zambian Case Law PodcastMusa Ahmed Adam Yousuf v Mahtani Group of Companies and 3 Others 2011/HPC/0081The 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 ; andWhether 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 touch with a legal practitioner for legal representation.2023-03-2416 minMy Two Cents: A Zambian Case Law PodcastLieutenant Chrispine. S.Muchindu v The Attorney-General 2021/CCZ/0034The 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 .2023-03-1709 minMy Two Cents: A Zambian Case Law PodcastGodfrey Miyanda vs The High Court (1984) Z.R 62 (S.C)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 contact a lawyer if you require legal advise.2023-03-1015 minMy Two Cents: A Zambian Case Law PodcastThomas Mumba vs The People (ZR 83) HCThe 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.2023-03-0316 minMy Two Cents: A Zambian Case Law PodcastLindiwe.K.Chinyanta v Doreen.C.Tembo SCZ Judgment No.28 of 2007The 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?2022-02-0409 minMy Two Cents: A Zambian Case Law PodcastSithole v Sithole 1969 Z.R 92 (High-Court Judgment)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 under the Matrimonial Cause Rules 1968 to entertain the said Petition and adjudicate the said matter?2022-01-2808 min
My Two Cents: A Zambian Case Law PodcastArthur Lubinda Wina, Frederick Titus Jacob Chiluba ,Veron Johnson Mwaanga and Others v The Attorney –General (1990-1992) Z.R 95 (H.C).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 Dr. Kenneth David Kunda had, at a news conference, issued a directive that certain government owned newspapers were not to provide coverage to or accept advertisements from the...2021-12-0614 minMy Two Cents: A Zambian Case Law PodcastPatrick Sakala vs The People (1980) Z.R.205 (S.C)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 the boy's mother had refused the advancement made by Patrick Sakala. The issue for determination was whether or not Patrick Sakala had actually killed the boy keeping in mind...2021-10-2515 minMy Two Cents: A Zambian Case Law PodcastThe Long-Awaited Return.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@gmail.comFacebook Messenger: George Chintankwa Malipilo . Thankyou very much for taking the time to listen to the podcast.2021-08-2407 minMy Two Cents: A Zambian Case Law PodcastConclusion On The Appeal Case Of Frederick. M.KundaThis 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 Child will be treated as a witness and the criminal law procedural that ought to be followed by the trial court in such cases . Music by Bensound .2020-08-3014 minMy Two Cents: A Zambian Case Law PodcastFredrick .M.Kunda Vs The People Appeal No.37 /2020This 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 before the Supreme Court of Zambia in a bid to overturn his conviction on the basis of inter alia (Among other thing) that the manner in how the Magistrate received was...2020-08-3014 minMy Two Cents: A Zambian Case Law PodcastAssociated Chemicals Limited v Hill and Delamain Zambia and Ellis and Company (As Law Firm) (1998) S.J 7 (SC)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 in the Shareholder Purchase Agreement (Associated Chemicals Limited) , The old shareholders(Two Patels) and no either the Company nor thr new shareholder (Mr Kilasa) were liable for this debt owed to the...2020-07-0413 minMy Two Cents: A Zambian Case Law PodcastAngel Musonda vs Pulse Finance Service Limited Court Of Appeal No 132 /2017This 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 brief facts , Angel Musonda (The Appellant) had entered into a Loan argeement with Pulse Finance Services Limited (The Respondent) and had agreed to pay back the money in a period of 36 months .However...2020-06-0714 minMy Two Cents: A Zambian Case Law PodcastDH Brothers Industries (PTY) Limited v Olivine Indsutries (PTY) Limited S.C.Z 10/2012The 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"2020-06-0113 minMy Two Cents: A Zambian Case Law PodcastZambia Sugar Plc v Fellow Nanzaluka Appeal No.82 of 2001The 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 Bensound2020-03-1613 minMy Two Cents: A Zambian Case Law PodcastNew Plast Industries v Commissioner of Lands and Attorney -General (S.C.Z) No.8 of 2001This 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) 20192020-01-1115 minMy Two Cents: A Zambian Case Law PodcastMicheal Chilufya Sata v Zambia Bottlers Limited Supreme Court of Zambia No.1 of 2003The 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 .2019-12-0113 min
My Two Cents: A Zambian Case Law PodcastSiwale and Others v Siwale (S.C.Z) Judgement No.24 of 1999The 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 Customary Land which the Respondent then placed on Title in his name only without his elder brothers have a clue. Note : I meant to say the Supreme Court of Zambia...2019-11-2313 minMy Two Cents: A Zambian Case Law PodcastZambia Privatisation Agency V James Matale (1996) Selected Judgement (Supreme Court Of Zambia)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 termination of the employment ?Music from bensound.com2019-10-1315 minMy Two Cents: A Zambian Case Law PodcastGodwin Mumba V Mary Goma Mumba 2009/HP/A54This was a Divorce Appeal that found it's way onto the High Court Principal Registry list as an appeal from the Subordinate Court of Zambia .The Appellant was not happy with the compensation the Local Court had ordered him to pay his now former wife (Mary Goma Mumba) . The Main issue that the High-Court had to decided was whether or not the Courts Below (Local Court and Subordinate Court of the First Court had Jurisdiction to adjudicate on a divorce as a result of a marriage contracted in accordance with the Marriage Act,Chapter 50 of the Laws of...2019-09-2913 minMy Two Cents: A Zambian Case Law PodcastChristine Mulundika And 7 Others Vs The People (1995) Supreme Court Of Zambia JudgementAt the heart of this case was whether certain provisions of the Public Order Act Chapter 104 of the Laws of Zambia went against and therefore contravened Article 19 on protection of freedom of assocation and Article 21 on protection of freedom of assembly and association . In this episode we discuss the effects of what happens when an Act of Parliament does not mirror the Constitution of Zambia and what happens , We also discuss the importance of the Supreme Court of Zambia Judgement . I was joined by Bupe Musuku Kabinda who also aired his views on the case of Christine Mulundika and Seven...2019-09-2713 minMy Two Cents: A Zambian Case Law PodcastThe Prologue To A Cheap Zambian PodcastWith the Internet being part of our daily lives , It is still shocking that we do not have Zambian Land Mark Cases on platforms such as Youtube or even on podcasts to this effect. Therefore , this Cheap Podcast has decided to talk about Zambian Land-Mark Judgements that have shaped our Legal System . Check out "Fearless Flawed" , A brilliant Podcast by my friend (Marime Ngandu).It's already available on Apple Podcast ,Soundcloud and Spotify . Music from BenSound.Com2019-09-2512 min