Court of Appeal of Zambia - 2017 April

5 judgments
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Results. 5 judgments found.

5 judgments
April 2017
Court affirmed murder conviction, finding relative-witness credible with corroboration and rejecting the accused's inconsistent self-defence account.
  • Criminal law — witness with possible interest (relative of deceased) — when corroboration required; assessment of demeanour and 'something more'; corroboration by independent evidence; credibility of accused's inconsistent statements; self-defence and provocation; flight as evidence of guilt.
13 April 2017
Conviction upheld where prosecutrix’s reliable daylight identification sufficed; unsubstantiated alibi not reasonably investigated.
  • Criminal law — Defilement — Single identifying witness — Corroboration and "special and compelling grounds" — Identification in daylight — Alibi — Prosecution duty to disprove where accused fails to provide particulars.
12 April 2017
A judge may not bypass prescribed restoration and appeal procedures; parties must comply with Order XXX Rule 10 before rehearing proceeds.
  • Civil procedure — Appeal from Deputy Registrar to Judge at chambers — rehearing — Order XXX Rule 10 (seven-day notice) — restoration of abandoned appeal — procedural compliance required — judge’s power to order discovery — Article 118 and procedural rules.
11 April 2017
Extension of time to file Record of Appeal granted due to transcript delay; Record to be filed within twenty-one days.
  • Court of Appeal Rules (Order XIII) — extension of time to file Record of Appeal — application under rule 3(3) — interplay with rule 3(2)’s twenty-one day requirement — sufficiency of delay of transcript as reason — discretionary grant of limited extension.
6 April 2017
Court granted leave to file additional grounds of appeal and refused to decide their merits at the interlocutory stage.
  • Appeal procedure — leave to file additional grounds of appeal — Order X r9(2)&(3) Court of Appeal Rules — no need to invoke English Rules under s8(2)(a) — interlocutory applications should not decide merits — costs in the cause.
4 April 2017