The Untitled Legal Attempt
The Untitled Legal Attempt
George Chintankwa Malipilo
A Zambian Podcast that is entirely focused on providing a simple but yet rich summary on Landmark Judicial rulings rendered by the Zambian Courts so as to promote legal awarness of the Law. The Podcast intends to provide an overall of the importance the case under discussion has brought to the Zambian Legal System and the precedent that it herein created.
Conclusion On The Appeal Case Of Frederick. M.Kunda
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reversed the Judgement of the Subordinate Court, which relied on a specific Criminal provision of the Law that was now repealed and not enforceable .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 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 .
Aug 30, 2020
14 min
Fredrick .M.Kunda Vs The People Appeal No.37 /2020
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 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 not correct as the voire dire was defective . Music by Bensound.
Aug 30, 2020
14 min
Associated 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 Respondent as the Agreement had an indemnify clause that stated the previous Shareholders would undertake to settle financial liabilities incurred prior to the sale of the Share. This case therefore looked into the principals relating to the Legal Status of a Company and the difference between a Shareholder and a Company .This is also a Landmark Judgement on Company Law in Zambia and is still good Law . Music by BensSound .
Jul 4, 2020
13 min
Angel Musonda vs Pulse Finance Service Limited Court Of Appeal No 132 /2017
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 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, The Appellant seriously defaulted on her loan agreement and the Respondent seized the Truck and sold it for ZMW 20,000.00 so it could cover it's money . The Respondent got ZMW 17,000.00 The Appellant brought this matter to Court on the premise that it's was illegal for the Respondent to have sold the Truck as a result this lead to damages to the Appellant's business life , Angel Musonda therefore want the Court to order the Respondent to pay him damages to this effect . Music by Bensound ..
Jun 7, 2020
14 min
DH Brothers Industries (PTY) Limited v Olivine Indsutries (PTY) Limited S.C.Z 10/2012
The main argument in this Intellectual Property dispute was whether or not a proprietor of unregistered Trademark owner can prevent another person or company from registering that trade mark based on proof of prior sufficient usage or the length of usuage relating to that Trade- Mark . The brief facts are that the Appellant (DH Brothers Industries ) created a Trade-Mark named "Daily" in 2003 .However , Olivine Industries (PTY) Limited , who were the Respondent in this matter decided to register the trade-mark "Daily" with the Registrar of Trade Marks . DH Brothers sought to prevent Olivine Industries (PTY) Limited from registering " Daily" claiming prior sufficient usage but this application was to no avail as the Registrar of Trademark held Unregistered Trademarks are not protected under the Trade-Mark Act ,Chapter 401 of the Laws of Zambia hence DH Brothers (PTY) Limited could not sue or prevent such an application . In light of the above , DH Brothers (PTY) limited sought to overturn this matter in the High-Court of Zambia but this was to no avail as the High-Court of Zambia upheld the decision of the Registrar . The matter was taken before the Supreme Court of Zambia in the hope it would overturn the ruling of the High Court for Zambia and the Registrar of Trade Marks based on the legal presumption of prior sufficient usage of a Trade-Mark.Music by "BenSound"
Jun 1, 2020
13 min
Zambia Sugar Plc v Fellow Nanzaluka Appeal No.82 of 2001
The question before the Supreme Court of Zambia was whether International Agreements that have not been domesticated despite been ratified and assented to by the State are applied in Zambia and whether Judges can cite International Argeements that are yet to be domesticated as an Act of Parliament . The brief facts of the case are that Fellow Nanzaluka(A former employee of Zambia Sugar Plc) had sued Zambia Sugar Plc in the Industria Relations Court after his Contract of employment was terminated in 1996 without notice .The Industrial Relations Court was of the view that Zambia Sugar Plc had act contrarty to the International Labor Convnetion No.158 of 1982 when it terminated Mr.Nanzaluka employment contract as the International Labor Convention No.158 of 1982 forbids termination of an employee's contract of employment without a valid reason . Music by Bensound
Mar 16, 2020
13 min
New Plast Industries v Commissioner of Lands and Attorney -General (S.C.Z) No.8 of 2001
This appeal before the Supreme Court of Zambia sought to answer the question of whether relief sought decided the mode of commencement for Civil proceedings in the High-Court for Zambia . The Appellant had placed forward an argument that the relief sought guided the commencement of Civil proceedings whilst the Respondent argued that the written Laws clearly lays down the manner in how you bring a matter before the Courts .The ShortBack background to this Appeal was that the Appellant had made an application for Judicial Review in the High-Court For Zambia against the then Acting Chief Registrar of Lands and Deeds for having cancelled it's Certificate of Title that had been acquired via purchase from the Vendor . The Ruling of the High-Court For Zambia as a result of a prelimanry issues raised by the other party to the matter was that Section 87 of the Lands and Deeds Registry Act provided that the correct channel to bring a matter against the Registrar was through an appeal to the Court and not via an application of Judicial Review .The matter was dismissed for being irregular and hence the appeal to the Supreme Court of Zambia by New Plast Industries . Music by Bensound (c) 2019
Jan 11, 2020
15 min
Micheal Chilufya Sata v Zambia Bottlers Limited Supreme Court of Zambia No.1 of 2003
The Supreme Court of Zambia was asked by Appeallant (Herein Mr.Sata) to decided as to whether the High-Court of Zambia had erred in Law by following the case of Donoghue v Stevenson (English Judgement) by herein Stating that "Mr.Micheal Sata did not consume the adulterated drink; therefore he could seek for damages as the intake of the drink which would lead to the personal injury was key to the Negligence claim" . In this case ; Mr.Sata after drinking a few drinks of sprite with his children discovered a single bottle of sprite manufactured by the Respondent to contain foreign material but neither him nor any of his children drank from that specific bottle .It was never opened. Music from Bensound .
Dec 1, 2019
13 min
Siwale and Others v Siwale (S.C.Z) Judgement No.24 of 1999
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 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 granted judgement for the Appellants not Respondent to be included on the Title Deeds . Music from Bensound.com
Nov 23, 2019
13 min
Zambia Privatisation Agency V James Matale (1996) Selected Judgement (Supreme Court Of Zambia)
The Matter before The Apex of Court System was based on Appeal on an Employment Termination Dispute from the Industrial Relations Court (Now the Industrial Relations Division of the High-Court of Zambia) . The Zambia Privatisation Agency brought this Appeal against James Matale whose contract was terminated by given three months salary in lieu of notice. The Issue for determination before the Supreme Court of Zambia was whether or not the Industrial Relations Court of Zambia Judgement that Z.P.A Payment inlieu of Notice was unlawful and unjustified manner of terminating James Mutale's contract of employment . 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.com
Oct 13, 2019
15 min
Load more