Court of Appeal of Zambia - 2018 March

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5 judgments

Citation	Judgment date
March 2018
Mwenda v People (Appeal 138 of 2017) [2018] ZMCA 379 (29 March 2018) Appellate court upheld aggravated robbery conviction despite noting a harmless misdirection on burden of proof. Criminal law – Aggravated robbery – Evaluation of evidence and credibility – Section 169 Criminal Procedure Code – Burden of proof – Recent possession of stolen property – Alternative lesser offence (theft/receiving) consideration.	29 March 2018
Rodgers Ngulube v People (APPEAL NO. 162/2017) [2018] ZMCA 626 (29 March 2018) Whether identification and the victim's age were sufficiently proved to sustain a defilement conviction and sentence. Criminal law - defilement – identification evidence and corroboration by circumstantial and medical evidence – proof of victim's age (ocular observation and parental testimony) – burden of proof – sentencing; aggravating brutality justifying sentence above mandatory minimum.	29 March 2018
Nyambe and Ors v People (CAZ 8 18 of 2016) [2018] ZMCA 387 (28 March 2018) Court of Appeal lacks jurisdiction to grant bail pending appeal absent an appeal pending before it. Criminal procedure — Bail pending appeal — Jurisdiction of Court of Appeal under s.18(1) Court of Appeal Act — Requirement of an appeal pending before the Court of Appeal — Prior High Court refusal — Premature/incompetent application.	28 March 2018
Backloads Zambia Ltd v Freight and Liners Ltd (Appeal 76 of 2017) [2018] ZMCA 386 (26 March 2018) Lease with option to purchase was terminable by statutory notice; possession, mesne profits, rent arrears, and reimbursement of validated improvements were ordered. Landlord and Tenant (Business Premises) Act – statutory notice to quit supersedes conflicting lease term; Tenancy termination – notice expiry determines end of tenancy; Mesne profits – recoverable at open market rental for period of unlawful possession; Rent arrears – credit for payment into court; Reimbursement for improvements – payable for validated works up to expiry of notice, interest from refusal to sell per Judgments Act; Proof of unlawful subletting – invoices and conduct can establish liability; Company law – person aged eighteen validly a director.	26 March 2018
Noors Motors Ltd v Sakuwaha (Appeal 57 of 2017) [2018] ZMCA 383 (26 March 2018) Buyer entitled to reject non-merchantable bus despite signed declaration; seller awarded partial counter-claim and set-off ordered. Sale of goods — merchantable quality and fitness for purpose — latent defects present at delivery — admissibility of extrinsic evidence to show written document not entire agreement — buyer's right to reject — passing of risk under s.20 — partial allowance of seller's counter-claim and set-off against buyer's refund — interest and currency ordering.	26 March 2018