Matter

Kapsch Trafficcom AG v Lamise Trading Limited and Intelligent Mobility Solutions Ltd

17 June 2025Zambia
17 June 2025Zambia
Ruling of the Court of Appeal of Zambia in the case CAZ/08/218/2025 dated 17 June 2025
Court of Appeal of Zambia
Decision summary
The Court of Appeal of Zambia dismissed Kapsch Trafficcom AG's applications for a stay of proceedings and for leave to appeal. The stay application was irregular because Kapsch had not first applied to the High Court, and the intended appeal had no reasonable prospects of success because the arbitration-reference issue had already been determined and was res judicata. Costs were awarded to Lamise Trading Limited, to be taxed in default of agreement.
Supporting details
12 authorities · 12 participants
Kapsch Trafficcom A.G
Representative
K. Phiri (For: Kapsch Trafficcom A.G)
Representative
K. Kawana (For: Kapsch Trafficcom A.G)
Representative
Corpus Legal Practitioners (For: Kapsch Trafficcom A.G)
Lamise Trading Limited
Representative
J. Chileshe (For: Lamise Trading Limited)
Representative
Eric Silwamba, Jalasi & Linyama (For: Lamise Trading Limited)
Intelligent Mobility Solutions Ltd
Representative
C. Salati (For: Intelligent Mobility Solutions Ltd)
Representative
P. Chisunka (For: Intelligent Mobility Solutions Ltd)
Representative
Mulenga Mundashi Legal Practitioners (For: Intelligent Mobility Solutions Ltd)
Court of Appeal of Zambia
Judge
F. M. Chishimba
Authorities cited
12
- Breza Engineering Ltd v GN International Limited and Konkola Copper Mines PLC (S.C.Z Judgment No 2 of 2010)
  case
- Status Mineral Exploration Limited v Ocean Ore Limited and Another (2012/HPC/174)
  case
- UMA Shankar v Oriental Bank of Commerce (C.R.P No 1856 of 2019)
  case
- ZCCM Investments Holdings PLC v Vendanta Resources Holdings and Konkola Copper Mines PLC (SCZ Judgment No 13 of 2021)
  case
- Moba Holte and Convention Centre v Lyco Business Solutions Limited (Appeal No. 66/2022)
  case
- Global Freight Limited v Benjamin Bwalya (Appeal 133 of 2020)
  case
- LC and DK Limited (in Receivership) Angel Poultry Limited v Lovemore Chikuni Chinyama (CAZ/08/409/2020)
  case
- Rose Gabekile Fatudge v Bhekinkhosi Tsabedge and Lundiwe Tsabedze (Civil Appeal No. 73/2003)
  case
- Intelligent Mobility Solutions Limited and Kapsch Trafficom A.G v Lamise Trading Limited (Suing in its Capacity shareholder of Intelligent Mobility Solutions Limited) (CAZ/08/568/2024)
  case
- Ravasia Petrolum Limited v Kutasha Industries (PTY) (T / A LIQUID SOLUTIONS RSA) (Appeal 40/2023)
  case
- Rules of the Supreme Court of England 1965 (1999 Edition)
  statute
- Court of Appeal Act No 7 of 2016
  statute
Direct judgment

Kapsch Trafficcom A.G

Lamise Trading Limited

Intelligent Mobility Solutions Ltd

Court of Appeal of Zambia