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Court of Appeal of Zambia - 2018 June

8 judgments
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8 judgments
June 2018
MM Integrated Steel Mills Limited v African Trading Limited & Others (Appeal 47 of 2018) [2018] ZMCA 254 (29 June 2018)
Failure to disclose material facts in an ex parte injunction application justified its discharge; no fresh injunction was granted.
  • Civil procedure — interim injunctions — ex parte applications — duty of full and frank disclosure of material facts; injunctions — application of American Cyanamid principles; land law — road reserves and reallocation; setting aside ex parte injunctions; costs.
29 June 2018
Christopher Zimba v The People (APPEAL NO. 192/2017) [2018] ZMCA 410 (27 June 2018)
Conviction based on weak circumstantial links and confession-related evidence was unsafe; appeal allowed and appellant released.
  • Criminal law — circumstantial evidence: sufficiency and nexus to offence; confession evidence and trial-within-a-trial; evidentiary value of leading police; identification and recovery of stolen property.
27 June 2018
Msanide Phiri v BHB Contractors (Z) Limited and Ors (Appeal 136/2017) [2018] ZMCA 412 (27 June 2018)
An oral agreement fixing a 26-week use of a title deed was breached; nominal damages awarded for unproven actual loss.
  • Contract law — oral agreement — certificate of title given as security — agreed duration (26 weeks) — breach by holding over — failure to prove actual loss — nominal damages awarded (K5,000) — interest and costs.
27 June 2018
Phiri v BHB Contractors (Z) Limited & Others (Appeal 136 of 2017) [2018] ZMCA 249 (27 June 2018)
Where a contract period was proved but actual loss was not, only nominal damages were awarded for the breach.
  • Contract law — oral agreement — meeting of minds as to duration — breach for retention of security beyond agreed period — damages: failure to prove actual loss entitles to nominal damages; measure of damages; appellate review of factual findings.
27 June 2018
Kingstone Makungu v The People (Appeal 184 of 2017) [2018] ZMCA 329 (26 June 2018)
Court upheld incest conviction despite an unproduced medical report, finding the complainant’s credible uncorroborated evidence sufficient.
  • Criminal law — incest — reliance on unproduced medical report — cautionary rule in sexual offences where complainant is over 14 — conviction on uncorroborated but credible testimony — evidence of arrest not required.
26 June 2018
Mumba v People (Appeal 191 of 2016) [2018] ZMCA 252 (26 June 2018)
Child witness voire dire must meet statutory requirements; defective voire dire and lack of corroboration quashed the conviction.
  • Criminal law — Evidence of child witnesses — Voire dire under section 122 Juveniles (Amendment) Act — requirement to record questions, answers and findings — defective voire dire requires discounting child evidence; corroboration required; sentence above statutory maximum; misdirection.
26 June 2018
Sahne Mining Zambia Limited (Appeal 83 of 2017) [2018] ZMCA 402 (12 June 2018)
High Court retains jurisdiction to hear trespass and nuisance claims where respondents lack mining or non-mining rights.
  • Mining Appeals Tribunal — scope of jurisdiction — Sections 96–98, 100 Mines and Minerals Development Act — original versus appellate jurisdiction — statutory interpretation — trespass and nuisance claims against persons without mining rights — mode of commencement and jurisdiction.
12 June 2018
Legal Resources Foundation Ltd v Norwegian Ministry of Foreign Affairs (CAZ 8 314 of 2017) [2018] ZMCA 381 (8 June 2018)
Failure to obtain the trial transcript can justify extension of time to file the record of appeal under Order XIII r.3(3).
  • Civil procedure — Court of Appeal Rules Order XIII r.3(3) — extension of time to file Record of Appeal and Heads of Argument — failure to obtain trial transcript as sufficient reason — discretion to extend time — matters raising novel issues.
8 June 2018