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Court of Appeal of Zambia - 2017 August

4 judgments
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4 judgments
August 2017
Lewis Mutambo v The People (CAZ.006/2017) [2017] ZMCA 168 (9 August 2017)
Court upheld identification (corroborated by recovered police magazine) but consolidated multiple charges into one armed aggravated robbery and imposed death.
  • Criminal law — Identification evidence — courtroom ID of injured witness justified where parade impracticable; corroboration by recovery of stolen police magazine and police identification — multiplicity of counts — defective information; substitution of conviction and mandatory sentence.
9 August 2017
Phiri v People (Appeal 44 of 2017) [2017] ZMCA 115 (9 August 2017)
Failure to explain the Section 138(1) proviso in a borderline-age defilement case prejudiced the unrepresented appellant; retrial ordered.
  • Criminal law — Defilement (Section 138(1) Penal Code) — duty to explain proviso to unrepresented accused in borderline-age cases — prejudice test from Mwaba/Nsofu/Mulonda — corroboration and identity — retrial ordered.
9 August 2017
Lungu v Attorney General and Anor (CAZ 8 117 of 2017) [2017] ZMCA 155 (1 August 2017)
Application for extension of time to appeal dismissed for lack of good cause and failure to comply with mandatory statutory leave requirement.
  • Civil procedure — Extension of time to appeal — Discretion under Order 13 rule 3 — Appellate court may consider merits — Industrial and Labour Relations Act s.85(3) mandatory 90‑day rule and leave requirement — Time‑bar.
1 August 2017
Quattro Company Limited v Moscane Mbulo (APPEAL NO. 118/2017) [2017] ZMCA 507 (1 August 2017)
A signed offer letter constituted the binding contract; unsigned probation clause unenforceable; damages limited to two months' notice.
  • Employment law — signed letter of offer as binding contract; unsigned draft not incorporated — probation clause unenforceable; wrongful termination — measure of damages by reasonable notice; mitigation of loss.
1 August 2017