Arbitral Digest

Matter

Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (High Court for Zambia 2024/HPC/0339) [2026] ZMHC 79

  1. 9 June 2026Zambia

    9 June 2026Zambia

    Judgment of the High Court for Zambia in the case 2024/HPC/0339 dated 9 June 2026

    High Court for Zambia

    Decision summary
    The court found that Kapsch Trafficcom AG breached fiduciary duties under the shareholders agreement in its management of Intelligent Mobility Solutions Limited and awarded Lamise Trading Limited damages for direct and consequential loss caused by the premature termination of the concession agreement. Recovery was limited to five years, with quantum referred to the Registrar for assessment; interest was awarded at 8% per annum from commencement to judgment and 12% simple interest thereafter, and costs were awarded to the Plaintiff. The negligent-misstatement claim was dismissed.

    Supporting details

    33 authorities · 11 participants
    Lamise Trading Limited
    Representative
    L. Linyama (For: Lamise Trading Limited)
    Representative
    J. Chileshe (For: Lamise Trading Limited)
    Representative
    N. Nyambe (For: Lamise Trading Limited)
    Kapsch Trafficcom AG
    Representative
    N. S. Namwila-Mwaala (For: Kapsch Trafficcom AG)
    Representative
    K. Kawana (For: Kapsch Trafficcom AG)
    Intelligent Mobility Solutions Limited
    Representative
    D. Nalishua (For: Intelligent Mobility Solutions Limited)
    Representative
    E. Mutale (For: Intelligent Mobility Solutions Limited)
    High Court for Zambia

    Authorities cited

    33
    • ZCCM Investments Holdings Plc v First Quantum Minerals and 6 Others (Appeal No. 92 of 2020)
      case
    • Bristol and West Building Society v Mothew [1998] 1 Ch 1 at p. 18
      case
    • Fresh Mint Limited v Kawambwa Tea Company (1966) Limited [2008] Z.R. 32 Vol. 2 (S.C.)
      case
    • Hedley Byrne & Co. Ltd v Heller & Partners Ltd [1964] AC 465
      case
    • Philip Mhango v Dorothy Ngulube and Others [1983] ZR 61
      case
    • Khalid Mohamed v The Attorney-General [1982] Z.R. 49
      case
    • Tiger Chicks (T/A Progressive Poultry Limited) v Tembo Chrisford and Others, SCZ/8/02/2020
      case
    • Access Bank (Zambia) Limited v Group Five/ZCON Business Park Joint Venture (SCZ/8/52/2014)
      case
    • Salomon v A. Salomon & Co. Ltd [1897] AC 22
      case
    • Aberdeen Railway Company v Blake Bros UKHL 1
      case
    • Bishopsgate Investment Management Ltd [1993] BCC 140
      case
    • Foss v Harbottle (1843) 2 Hare 461
      case
    • Prudential Assurance Co Ltd v Newman Investments Ltd (No 2) [1982] Ch 204
      case
    • Ethiopian Airways Limited v Sunbird Safaris Limited and Others (2007) ZR 235
      case
    • Haonga and Others v the People (1976) ZR 200
      case
    • Archbolds (Freightage) Limited v S Spanglett Limited (1961) 1 QB 374
      case
    • Gideon Mundanda v Timothy Mulwani and the Agricultural Finance Company Ltd and SSS Mwiinga (1987) ZR 29
      case
    • Wilson Masauso Zulu v Avondale Housing Project Limited (1982) ZR 172
      case
    • Kuta Chambers (Sued as a Firm) v Concillia Sibulo (Suing as Administratrix of the estate of the late Francis Sibulo) (Selected Judgment No. 36 of 2015)
      case
    • Wallersteiner v Moir (No. 2) [1975] 1 All ER 849
      case
    • Spokes v Grosvenor Hotel Co (1897) 2 QB 124
      case
    • Galaunia Farms Limited v National Milling Company Limited and Another (2004) ZR 1
      case
    • Colgate Palmolive (Z) Inc v Abel Shemu and others (Appeal No. 181 of 2005)
      case
    • Eastern Cooperative Union Limited v Yamene Transport Limited (1988-1989) ZR 126
      case
    • Attorney-General and Development Bank of Zambia v Gershom Moses Burton Mumba (2006) ZR 77 (SC)
      case
    • Companies Act No. 10 of 2017
      statute
    • Arbitration Act No. 19 of 2000
      statute
    • Evidence Act, Chapter 43 of the Laws of Zambia
      statute
    • Public-Private Partnership Act No. 14 of 2009
      statute
    • Phipson on Evidence, 17th edition
      secondary source
    • Halsbury's Laws of England, 4th Edition, Volume 9
      secondary source
    • Bowstead & Reynolds on Agency
      secondary source
    • Black's Law Dictionary, 11th Edition at page 639
      secondary source

Matter record

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Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (High Court for Zambia 2024/HPC/0339) [2026] ZMHC 79 · Matter