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Court of Appeal of Zambia - 2022 December

59 judgments
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59 judgments
December 2022
Simutowe v People (Appeal 79 of 2022) [2022] ZMCA 80 (8 December 2022)
Retention of counsel is prima facie good ground to allow the appellant to retract an unrepresented guilty plea before sentencing.
  • Criminal procedure — Retraction of guilty plea before sentence — Discretion to allow withdrawal on good and sufficient grounds — Retention/change of counsel as prima facie good ground; Criminal procedure — Duplicity of charges — Charging under s87(4) and s130(2)(a) in a single count contrary to s135(2) CPC; Zambia Wildlife Act — possession of prescribed trophy.
8 December 2022
Bowas Mukuwa v The People (Appeal No.238/2020) [2022] ZMCA 126 (7 December 2022)
Registrar properly exercised discretion; appellants lacked goodwill and evidence of confusion to justify deregistration.
  • Company names — Registrar's discretion under s.37(3) Companies Act — likelihood of confusion — passing‑off and goodwill — evidentiary requirement for market confusion; de‑registration remedy.
7 December 2022
Lubinda v People (Appeal 66 of 2022) [2022] ZMCA 79 (7 December 2022)
Trafficking elements not proved; conviction substituted for attempt to smuggle persons under Anti-Human Trafficking Act.
  • Anti-Human Trafficking Act — definition and elements of ‘trafficking’ — requirement of specified means and purpose of exploitation; smuggling of persons — elements require successful illegal entry/exit for financial gain; attempt — liability where means and intent shown though act not completed.
7 December 2022
Wina Lubinda v The People (Appeal No 66/2022) [2022] ZMCA 233 (7 December 2022)
Trafficking requires proof of specified means and exploitation; evidence established attempted smuggling, not trafficking.
  • Anti-Human Trafficking Act — definition and elements of "trafficking" — requirement to prove prescribed means and purpose of exploitation; Distinction between trafficking and smuggling; Smuggling of persons — elements: illegal entry/exit and financial gain; Attempt to smuggle — liability under section 12; Substitution of conviction on appeal.
7 December 2022
Wina Lubinda v The People (Appeal No 66/2022) [2022] ZMCA 234 (7 December 2022)
7 December 2022
Afdub Said Farah (T/A as Afdub Transport) and Anor v Robert Sichamba (APPEAL NO. 262/2020) [2022] ZMCA 207 (6 December 2022)
Fraud in issuance of a land title must be proved and attributed to the offeree; absent such proof, statutory protection of title prevails.
  • Conveyancing and land titles — Allegation of fraud in acquisition of Certificate of Title — Proof required to vitiate title — Effect of section 33 Lands and Deeds Registry Act — Evidence of altered survey/layout plans not sufficient without attribution of fraud.
6 December 2022
Emporium Fresh Foods Limited T/A Foodlovers Market and Anor v Kapya Chisanga (APPEAL NO 44/2021) [2022] ZMCA 208 (6 December 2022)
Summary dismissal requires adherence to disciplinary procedure and natural justice; damages upheld, costs order set aside.
  • Employment law — Summary dismissal — Employer must follow disciplinary rules and natural justice — Formal charge and hearing required — Evidence and admissibility of out-of-court statement — Measure of damages for unfair dismissal (departure from notice-period rule) — Costs: when to award.
6 December 2022
Emporium Fresh Foods Ltd (T/A Food Lovers Market) v Gourment Market Ltd (Appeal 44 of 2021) [2022] ZMCA 101 (6 December 2022)
Summary dismissal requires disciplinary process and hearing; absent proven admission, dismissal was unlawful, damages upheld, costs set aside.
  • Employment law — Summary dismissal — Requirement to follow employer's disciplinary rules and afford hearing; Admission/confession — evidential requirements; Damages for unfair dismissal — departure from normal measure; Costs in industrial relations cases — need for stated basis.
6 December 2022
Phiri (Sued in his capacity as Administrator of the Estate of the late Geoffrey Phiri) v Lubinda (Appeal 257 of 2021) [2022] ZMCA 96 (6 December 2022)
Whether a temporary occupant can be a legal sitting tenant and whether an irregularly obtained title must be cancelled.
  • Government pool houses — sitting tenant eligibility and allocation slips — temporary occupation vs legal sitting tenant — irregular issuance and cancellation of certificate of title — preparation of title pursuant to partial payment offer.
6 December 2022