Skip to document content Skip to main menu Skip to search

Court of Appeal of Zambia - 1970 May

3 judgments
Advanced search
Skip past years
Skip past months
Filters
Skip to results
3 judgments
May 1970
Boy Otto v The People (Appeal No. 83 of 1969) [1970] ZMCA 8 (13 May 1970)
Failure to produce an accused's exculpatory statements in recent possession cases can vitiate the conviction.
  • Criminal law — Recent possession — Explanation by person found in possession is crucial — Duty of police and prosecution to produce all statements taken from an accused, whether favourable or adverse — Omission may vitiate conviction.
13 May 1970
Otto v People (Appeal 83 of 1969) [1970] ZMCA 4 (13 May 1970)
Non-disclosure of an accused's exculpatory police statement vitiates a conviction for recent possession.
  • Criminal law — Recent possession — Duty of police/prosecution to produce all statements taken from accused, including exculpatory statements; selective disclosure may render conviction unsafe; proviso inapplicable where nondisclosure misleads trial court.
13 May 1970
Patel v Border Motor Company Ltd and Ors [1970] ZMCA 5 (13 May 1970)
"Have regard to" in s.9(1)(a) requires adjustment, not mandatory full deduction, of statutory compensation from third-party damages.
  • Workmen's Compensation — s.9(1)(a) proviso "have regard to" — interpretation does not require literal deduction of whole statutory compensation from damages against third parties; distinction from s.8 (actions against employer); statutory minimums (s.59) may overcompensate — courts must adjust common-law awards to avoid double recovery; assessment and detailing of damages.
13 May 1970