Advertise on podcast: 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 expenses incurred in administering an estate may be recovered after probate has been set aside. This is an insightful episode for legal practitioners, law students, and anyone interested in succession law, probate practice, and estate planning. This podcast is produced strictly for educational and informational purposes only and does not constitute legal advice or the provision of legal services. Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 Lukonga.” This podcast is strictly for educational purposes and does not constitute legal advice or the provision of legal services. Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 responsibility ends at the meter box under the ZESCO By-Laws. The appeal was ultimately dismissed. This episode also highlights the importance of properly pleading negligence claims in civil litigation. Disclaimer: This podcast is for educational purposes only and does not constitute legal advice. Listening to this podcast does not create a lawyer–client relationship. For advice on any legal matter, please consult a qualified legal practitioner. Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 under a verbal agreement, which the Defendant refused to pay him.  Disclaimer: This podcast is for educational purposes only and does not constitute legal advice. Listening to this podcast does not create a lawyer–client relationship. For advice on any legal matter, please consult a qualified legal practitioner. Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 determines whether such marriages fall within the Court’s authority. ⚖️ Links to My two Cents Episodes on Jurisdiction. Godfrey Miyanda vs The High Court ( Episode 19)- Season One Link : https://www.spreaker.com/episode/53148863 Sithole v Sithole (Episode 16) - Season One Link: https://www.spreaker.com/episode/48448969 Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 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 said cases are listed below. Cosmas Mukuka v Jason Mwansa SCZ Selected Judgment No.13 of 2019Cavmont Bank Limited v John Mwansa Kalinde and 40 Others Appeal No.309/2021Links to My 2 Cents Episodes on Jurisdiction. Godfrey Miyanda vs The High Court ( Episode 19)- Season One Link : https://www.spreaker.com/episode/53148863 Sithole v Sithole (Episode 16) - Season One Link: https://www.spreaker.com/episode/48448969 Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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 touch with a legal practitioner for legal representation. Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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-case-law-podcast--4068826/support.

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 Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

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.com Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

This 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 Zambia ? This Landmark Judgement established that the High-Court of Zambia through the Matrimonial Causes Act No.27 Of 2007 is the only Court in Zambia that has authority to hear divorce matters concerning a marriage that was solemnised in accordance with the Marriage Act;Chapter 50 of the Laws of Zambia. Further-more , kindly Note I stated Miyanda v The Attorney but the correct case is Miyanda v The High-Court of Zambia (1984) Z.R 62 . Legsilation referred to in this Podcast : (1) Matrimonial Causes Act No.27 of 2007 .Sections 2;3and4 (1) . (2) Local Court Act Chapter 29 of the Laws of Zambia .Section 8(1) (3) Subordinate Court Act ,Chapter 28 of the Laws of Zambia . Section 20 (d)(ii)(iv) Music from bensound.com Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.

At 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 others v The People (1995) Supreme Court of Zambia. Music from bensound.com Become a supporter of this podcast: https://www.spreaker.com/podcast/my-two-cents-a-zambian-case-law-podcast--4068826/support.