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Court of Appeal of Zambia - 2019 May

13 judgments
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13 judgments
May 2019
Finsbury Investments Limited v Antonio Ventriglia and Anor [2019] ZMCA 366 (29 May 2019)
A single Judge may settle an order embodying judgment; pre-2013 monetary figures are re-denominated by operation of law.
  • Court of Appeal — Order 10 Rule 23(4) — power of single Judge to settle order embodying judgment; embodiment orders must reflect not alter judgments; Re-denomination of Currency Act No. 8 of 2012 s.9 — pre-2013 monetary sums deemed re-denominated; functus officio and limits on post-judgment amendment.
29 May 2019
G4 Secure Solutions (Z) Limited v Brian Libweshya (APPEAL NO. 123/2018) [2019] ZMCA 296 (29 May 2019)
Whether the respondent was constructively dismissed and whether the appellant unilaterally varied the commission structure.
  • Employment law — constructive dismissal — withdrawal/non-provision of working tools and hostile superior — unilateral variation of commission scheme — acquiescence to revised pay terms — costs; assessment of commissions before Registrar.
29 May 2019
Keith Akekelwa Mukata v The People (10 of 2018) [2019] ZMCA 63 (27 May 2019)
Circumstantial and ballistic evidence linking the appellant’s licensed firearm to a fatal shooting supported conviction and sentence.
  • Criminal law — circumstantial evidence and inferences — admissibility of hearsay about evidence discovered outside scene — scene contamination and dereliction of duty — proof of malice aforethought — credibility of police and civilian witnesses.
27 May 2019
Attorney General v Phiri & Others (10 of 2018) [2019] ZMCA 59 (24 May 2019)
Whether statutory re-engagement under the Defence Act permits post-retirement contracts—Court held re-engagement is after colour service, not after retirement; contracts illegal.
  • Defence law — Interpretation of section 16 (re-engagement) — Re-engagement pertains to completion of colour service, not post-retirement; Regulations 7–8 confirm statutory scheme; Adjutant General’s Instruction cannot create lawful re-engagement beyond statute; illegal contracts unenforceable.
24 May 2019
Clifford Maambo v People (APPEAL NO.06/2019) [2019] ZMCA 408 (23 May 2019)
An 8-year-old's defilement by her uncle warranted 40-year imprisonment; first-offender status did not justify leniency.
  • Criminal law — Defilement — Sentencing — Tender age of victim as aggravating factor — Breach of trust (uncle) — First offender entitlement to leniency — Appellate interference guidelines (wrong in principle; manifestly excessive; exceptional circumstances).
23 May 2019
Nalisa Sikota v The People (Appeal No. 5/2019) [2019] ZMCA 299 (23 May 2019)
The appellant's aggravated robbery conviction upheld on cumulative circumstantial evidence and recovered property, despite challenges to ballistic proof.
  • Criminal law — Aggravated robbery — Circumstantial evidence and recent possession — Witness credibility and interested witnesses — Ballistic evidence and production of raw materials — Proof of firearm use under Section 294(2).
23 May 2019
Francis Lemmy Chichiku and 3 Ors v The People (Appeal 168-171/2018) [2019] ZMCA 446 (21 May 2019)
Appeal allowed: convictions quashed where contested scene-reconstruction confessions were admitted despite unresolved torture allegations.
  • Criminal law — admissibility of confessions — scene-reconstruction demonstrations — voluntariness — allegations of torture — burden on prosecution to prove freedom from coercion — conflicting trial-within-a-trial rulings — convictions unsafe where dependent solely on contested demonstrations.
21 May 2019
Ian Hamalambo v The People (12 of 2019) [2019] ZMCA 60 (21 May 2019)
A guilty plea is equivocal if admitted facts omit essential elements (e.g., victim's age); conviction quashed and retrial ordered.
  • Criminal law — Plea of guilty and admission of facts — Necessity that admitted facts disclose all essential ingredients of the offence — Defilement requires clear admission of victim's age — Omission renders plea equivocal — Unrepresented accused and hearing impairment affecting understanding of plea — Remedy: quash conviction and order retrial.
21 May 2019
Mumba and Anor v People (Appeal 172 of 2018) [2019] ZMCA 268 (21 May 2019)
Appellants’ convictions for armed robbery upheld: eyewitness, ballistic and corroborative evidence excluded alibi and supported joint‑enterprise guilt.
  • Criminal law — Armed robbery (s.294(2)(a)) — firearm identification and ballistic evidence; identification evidence and alibi as afterthought; corroboration of accomplice evidence by third‑party witness and call records; admissibility/hearsay/confessional rulings; failure to uplift fingerprints and prejudice; common purpose/joint enterprise (s.22) and burden of proof.
21 May 2019
Cavmont Bank Ltd v Spancrete Zambia Ltd and Ors (Appeal 17 of 2019) [2019] ZMCA 288 (6 May 2019)
Court refused leave to appeal and discharged stay, finding no public-interest or compelling reason to permit further appeal.
  • Appeal — leave to appeal to the Supreme Court — Section 13(3) Court of Appeal Act — point of law of public importance; reasonable prospect of success; compelling reason. Stay of execution — discharge of ex parte stay. Interpretation of advance payment guarantee — condition precedent — refund of fixed deposit (K5,800,000). Reliefs and pleadings — clarity by settling order
6 May 2019
Reuben Daka v Pentecostal Holiness Church (32 of 2018) [2019] ZMCA 44 (3 May 2019)
An implied bailment arose from the parties' conduct; the respondent was vicariously liable for its employee's failure to secure the parked vehicle.
  • Contract law — Implied contract and bailment from course of dealings; Tort — negligence and duty of care of bailee; Vicarious liability for employee's acts; Appellate review — misdirection and unbalanced evaluation of evidence; Damages — referral to Deputy Registrar for valuation; Interest and costs awarded.
3 May 2019
Reuben Daka v Pentecostal Holiness Church (Appeal 32 of 2018) [2019] ZMCA 38 (3 May 2019)
3 May 2019
Sadar and Anor v Sichinga and Ors (Appeal 134 of 2018) [2019] ZMCA 280 (3 May 2019)
Interlocutory injunction properly granted to protect a purchaser’s prima facie land interest where title may be vitiated and loss of land is irreparable.
  • Civil procedure — interlocutory injunctions — preservation of status quo — prima facie right to relief — nondisclosure of material facts — irreparable harm presumed in land disputes — injunctions against registered proprietors where title may be vitiated — caveat and sale during dispute.
3 May 2019