Court of Appeal of Zambia - 1965 June

3 judgments
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Results. 3 judgments found.

3 judgments
June 1965
An accused must prove a high-standard 'reasonable excuse' to avoid absolute liability for selling unwholesome food.
  • Criminal law — absolute liability; public health — sale of unwholesome food; section 79(1) Public Health Ordinance; 'reasonable excuse' defence; burden on accused; packaging not a defence.
26 June 1965
A High Court refusal to extend time for appeal is not appealable under section 13(1) of the Court of Appeal Ordinance.
  • Court of Appeal jurisdiction — Appealability of High Court refusal to extend time for appeal — Construction of s.13(1) Court of Appeal Ordinance — Application to extend time is not an appeal — Ralph v R applied.
16 June 1965
An appeal 'deemed dismissed' under rule 54(1) may be revived; deeming can create a rebuttable presumption and relief granted.
  • Civil procedure — Appeal revival — Effect of a statutory 'deeming' provision under Court of Appeal Rules — Rule 54(1) construed as creating a rebuttable presumption; appeal capable of being revived and extension of time granted; interplay with rule 67(3).
4 June 1965