The Lusaka High Court has ruled that unsolicited text messages sent to a personal mobile phone can amount to trespass, awarding damages to a former banker against his former employer.
The matter involved a former Treasury Manager at NATSAVE whose personal mobile phone number was registered with Indo Zambia Bank for account authorization purposes during his employment. After his contract ended in 2023, the former employee notified the bank and requested that his number be removed. Despite these requests, authorization messages continued to be sent to his phone.
The former employee sued NATSAVE, claiming trespass and seeking K1.5 million in damages. In its defense, the bank argued that trespass applies only to land or physical property and not to electronic communications. The bank called no witnesses in support of its case.
High Court Judge Chalo Mfula rejected the bank’s argument, stating that a claim for trespass should not fail solely because there was no physical interference. The court held that the claim was sustainable in the context of modern communication.
“In this present case, I find the Plaintiff’s claim for trespass contextually tenable. The claim for damages for trespass to the Plaintiff’s phone succeeds,” the judge stated.
The court, however, reduced the damages awarded from K1.5 million to K30,000, finding the amount claimed to be excessive.
The judgment noted that the plaintiff was subjected to a barrage of unsolicited messages despite repeatedly requesting that the messages stop. The court further observed that the continued messages posed a potential risk of fraud and disturbed the plaintiff’s peace.
“In the age where a thief can remotely steal more with a computer than through a gun, the want of duty of care on the part of the Bank to honour the Plaintiff’s request was concerning,” the judge stated.
Case Significance
The ruling extends the application of the tort of trespass to unauthorized digital communications, including text messages. It emphasizes the obligation of institutions to act on requests to remove personal contact details and to respect withdrawal of consent.
Case citation: Charles Mwila v National Savings and Credit Bank – 2023/HP/1771 (Judgment delivered December 2025).
