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Court of Appeal of Zambia - 1970 December

2 judgments
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2 judgments
December 1970
The Attorney-General v D Landless (M/W) (Appeal No. 1 of 1970) [1970] ZMCA 16 (23 December 1970)
A military commander owed a duty to prevent foreseeable harm by soldiers; failure to control them amounted to negligence.
  • Tort — Negligence — Duty of care of commanding officer over soldiers — Foreseeability of harm from soldiers' misconduct — Vicarious liability — Dorset Yacht analogy — Reasonable person standard; res ipsa loquitur noted.
23 December 1970
Lunga Mika v The People (Appeal No. 109 of 1970) [1970] ZMCA 14 (16 December 1970)
An appellate court may not increase a magistrate’s sentence beyond the magistrate’s statutory jurisdiction.
  • Criminal law — Appeal — Sentence enhancement — Whether appellate court may impose a sentence exceeding the trial magistrate’s jurisdiction — Magistrate’s power to remit accused for sentence to higher court.
16 December 1970