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Court of Appeal of Zambia - 2020 October

10 judgments

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10 judgments


October 2020
ASTONE LIBONE V THE PEOPLE (APPEAL 064/2020) [2020] ZMCA 163 (23 October 2020) The court upheld conviction where the victim's brother proved age; a school register was inadmissible and the proviso defence was inapplicable. Criminal law — Defilement (s.138(1) Penal Code) — Proof of age as essential ingredient; Evidence Act — admissibility of official records (school register) — requirement that supplier have personal knowledge; Proviso defence — reasonable belief as to age — not available where accused denies the act; Appeal — sufficiency and credibility of evidence.	23 October 2020
BOYD SANKOPE V THE PEOPLE (APPEAL 063/2020) [2020] ZMCA 164 (23 October 2020) Appellant's defilement conviction and 25-year sentence upheld; opportunity evidence corroborated identity. Criminal law — Defilement — Proof of age and sexual intercourse — Corroboration by opportunity — Credibility and alibi — Appellate deference to trial findings — Sentence review.	23 October 2020
Finance Bank Zambia Ltd v Monokandilos and Anor (Appeal 120 of 2020) [2020] ZMCA 90 (23 October 2020) Superior-court stay maintained status quo; parallel application in High Court found abusive despite High Court having jurisdiction over enforcement matters. Civil procedure — enforcement — Writ of Fieri Facias — stay of execution — abuse of court process where superior court stay already in place — jurisdiction of High Court to entertain enforcement matters.	23 October 2020
Finance Bank Zambia Plc v Dimitrios Monokandilos and Anor (APPEAL No. 120/2020) [2020] ZMCA 209 (23 October 2020) Whether pursuing multiple stays of execution in different courts to restrain enforcement of the same judgment amounts to abuse of process. Enforcement — stay of execution — jurisdiction of High Court to entertain enforcement matters arising from appellate judgments; Abuse of process — multiplicity of actions and forum shopping where multiple stays sought over same judgment; Fieri facias — endorsement of interest where judgment specifies principal and rate; Appellate review — distinguishing mere background statements from findings of fact.	23 October 2020
Finance Bank Zambia v Dimitrios Monokandilos and Anor (Appeal No. 120/2020) [2020] ZMCA 234 (23 October 2020) Superior-court stay rendered the High Court application to stay execution an abuse of process; interest endorsement followed the judgment. Civil procedure — enforcement of judgment — stay of execution — effect of superior court stay; writ of fieri facias — endorsement of interest where judgment specifies principal, rate and period; abuse of process — forum shopping and multiplicity of proceedings.	23 October 2020
Stanbic Bank Zambia Ltd v Mwewa (Appeal 112 of 2020) [2020] ZMCA 133 (23 October 2020) VAT on settlement capital is not chargeable where a finance lease is terminated by accidental destruction; appeal dismissed. VAT — finance lease — settlement capital — termination by accident; supply of services for VAT purposes; insurance payout; bank–customer duties; improper crediting between lease accounts; unjust enrichment; damages for breach of contract; reconciliation of lease accounts.	23 October 2020
Hitech Logistics Limited v Ugondo Italian Style Limited [2020] ZMCA 182 (22 October 2020) Dispute over bill of lading amendment and unauthorized transshipment: both breached, appellant liable for loss; counterclaim dismissed. Bill of lading amendment — timing and control; pre-clearance of customs release; unauthorized transshipment; breach of contract; proof of special damages; costs follow the event.	22 October 2020
National Milling Corporation Ltd v Macadams Bakery Ltd (Appeal 36 of 2020) [2020] ZMCA 140 (22 October 2020) Res judicata does not bar subsequent ongoing transactions; the respondent's unsigned reconciliation did not revive a time‑barred claim. Civil procedure — res judicata — doctrine applies only to matters actually litigated or capable of being litigated in prior proceedings; ongoing subsequent transactions not disputed are not barred Limitation — acknowledgment of debt — section 23(4) Limitation Act 1939 requires a written and signed acknowledgment; unsigned reconciliation statements do not restart limitation period. Result: claims for October 2011–July 2012 held time‑barred	22 October 2020
Jackson Mbandama and Anor v The People (App No. 137/138 of 2019) [2020] ZMCA 150 (15 October 2020) Court upheld first appellant's convictions on cogent circumstantial evidence but quashed second appellant's conviction for lack of corroboration. Criminal law — murder and aggravated robbery — circumstantial evidence considered collectively; accomplice (suspect) witness requires corroboration; alleged confession must be corroborated; leading police to recovery of weapon does not alone establish culpability.	15 October 2020
Mbandama v Mufwambi (Appeal 137 of 2019) [2020] ZMCA 139 (15 October 2020) Whether cumulative circumstantial evidence sustained the first appellant's convictions and whether the second appellant's alleged confession was corroborated. Criminal law — Circumstantial evidence — cogency and cumulative assessment; corroboration of suspect/accomplice witnesses; proof of possession/robbery; admissibility/weight of alleged confessions.	15 October 2020