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 .

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This appeal before the Supreme Court of Zambia discusses he mode of commencement for Civil proceedings in the High-Court for Zambia .







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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.

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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 .

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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 ?

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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)


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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

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