A Comparative Analysis of the Disposal of Uncollected Goods Act of Zambia with Kenya Vis-a Vis Modernising the Law

Abstract

The essence of commerce in every transaction is to create, an environment of a service for value acquired through the medium called money specified as consideration. In Zambia what governs the uncollected goods by the buyer to the seller is Uncollected Goods Act Cap 410, of the laws of Zambia. This research focused on key aspect of the study area through the medium of qualitative analysis, examining the gap of grey area and adopting laws that may seem potentially attractive to affect positively into Zambia legal framework. The study further examined, the best practices from member country with best practices carrying a comparative analysis. Chapter Two highlighted the ambiguities and practical challenges within Zambia’s legal framework. Chapter Three presented a comparative analysis of Kenya and the United Kingdom, emphasizing notice procedures, judicial oversight, management of proceeds, and commercial reasonableness Chapter Four draws lessons from these jurisdictions and offers practical recommendations for improving Zambia’s legislation. The study looked closely at Kenya, where the legal system for uncollected goods is well-developed and structured, providing clear guidance for custodians and owners alike. It also examined the United Kingdom, with its advanced legal framework, to identify practices that Zambia could adapt to strengthen its own laws. The dissertation concluded that implementing these reforms would not only bring Zambia in line with international best practices but also create a fair, practical, and effective legal framework. Such a system would balance the rights of custodians and owners while reflecting the realities of modern business.