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Court of Appeal of Zambia - 2022 July

12 judgments
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12 judgments
July 2022
Banerjee v Valand and Anor (Appeal 49 of 2020) [2022] ZMCA 46 (28 July 2022)
Whether an unsigned, condition-dependent share sale permits specific performance, interim payments, or compelled account orders.
  • Company law — Share purchase agreement — enforceability where price contingent on due diligence — specific performance — part performance — director remuneration — company accounts — right to inspect financial records.
28 July 2022
Freight and Liners Ltd v Backloads (Z) Ltd (Appeal 198 of 2021) [2022] ZMCA 55 (28 July 2022)
Whether exchange rate at enforcement applies and whether a Registrar may vary a judge's interest order on assessment.
  • Civil procedure — assessment of damages; foreign‑currency judgment conversion — applicable rate at enforcement; Registrar’s limited powers; interest — compounding interest and unjust enrichment; set‑off; Judgments Act.
28 July 2022
Siogopi (T/A NAM TRANSPORT CO. A PARTNERSHIP) v Director of Public Prosecutions (Appeal 196 of 2020) [2022] ZMCA 45 (28 July 2022)
Documents like registration extracts and bills of lading need not be authenticated under the Act; claimant established pre‑offence interest, so forfeiture set aside.
  • Forfeiture of proceeds of crime — third‑party claims under ss.12(2) and 31(2) — proof of interest and timing of acquisition — Authentication of Documents Act — what constitutes a document requiring authentication — burden of proof on claimant.
28 July 2022
Chipunde v People (CAZ Appeal 109 of 2021) [2022] ZMCA 47 (25 July 2022)
Conviction for defilement set aside where defective voire dire rendered child’s sworn evidence inadmissible and uncorroborated.
  • Juveniles Act s122 — voir dire requirements; child witnesses; duty to speak the truth; corroboration in sexual offences; unsafe conviction and no retrial.
25 July 2022
Chitalu and Anor v People (Appeal 49 of 2021) [2022] ZMCA 51 (25 July 2022)
Recent possession of multiple stolen items shortly after an attack supported only the inference of guilt; convictions upheld.
  • Criminal law — Circumstantial evidence — Recent possession of stolen property — Whether only inference of guilt reasonably open — Duty to consider lesser inferences — Caution as to witnesses with possible interest.
25 July 2022
Hassan Kainda v the People (Appeal No. 220/2020) [2022] ZMCA 172 (25 July 2022)
Where death follows a spontaneous mob assault and the fatal blow cannot be attributed, conviction reduced to manslaughter.
  • Criminal law — Identification by single witness — recognition of known person; Mob justice — joint participation and attribution of fatal blow; Murder v Manslaughter — where multiple assailants cause death and fatal blow cannot be attributed; Corroboration — role of video and clothing evidence.
25 July 2022
Mbewe v People (Appeal 60 of 2021) [2022] ZMCA 52 (25 July 2022)
Trial court wrongly excluded competent spouse evidence; retrial ordered due to procedural errors and potential prejudice.
  • Criminal law — admissibility of spouse testimony — Section 151(1)(c) Criminal Procedure Code — spouse competent where offence affects spouse or children; child witness voir dire — capacity and appreciation of duty to tell truth; appellate relief — retrial warranted where trial court excludes competent evidence and omits material credibility findings.
25 July 2022
Silungwe and Anor v People (Appeal 154 of 2020) [2022] ZMCA 65 (25 July 2022)
Identification by prior acquaintances upheld, but post‑departure firearm discharge did not support armed aggravated robbery, death sentences quashed.
  • Criminal law — Identification/recognition evidence — prior acquaintance, opportunity and description — single witness reliability; Armed aggravated robbery — use of firearm ‘at or immediately before or immediately after’ stealing — discharge after leaving not sufficient to support armed robbery conviction.
25 July 2022
Zulu v People (Appeal 151 of 2021) [2022] ZMCA 48 (25 July 2022)
Conviction overturned where child witness’ evidence lacked required corroboration and medical report was inconclusive.
  • Criminal law — Defilement — Evidence of child under 14 requires corroboration (Juveniles Act s122); insufficient corroboration of identity; inconclusive medical report requiring oral evidence; alibi assessment and police investigation deficiencies.
25 July 2022
Father Banda (Sued in his capacity as General Secretary of Zambia Anglican Council) v Dr Chisi (Appeal 140 of 2021) [2022] ZMCA 44 (19 July 2022)
Payment of the claimed sum into the respondent’s account amounted to clear admission, justifying judgment on admission and interest under the Judgments Act.
  • Civil procedure — judgment on admission — admission by conduct (payment) — requirement that admission be clear and unequivocal — discretion to enter judgment on admission — interest under Judgments Act.
19 July 2022
Patel and Anor v Zesco Ltd and Anor (Appeal 152 of 2020) [2022] ZMCA 42 (19 July 2022)
Dedicated transformer capacity vested in the 2nd respondent; appellants had no supply contract and failed to prove breach or damages.
  • Electricity supply — dedicated transformer capacity — privity of contract — lawful disconnection for breach of payment condition — supplier’s duty to consumer where no supply agreement exists — costs follow the event.
19 July 2022
Ranjit Prasad v Manjeet Singh (CAZ/ 08/ 246/2022) [2022] ZMCA 143 (19 July 2022)
Single-judge grants leave to appeal and stays execution where draft defence raises triable issues.
  • Court of Appeal — leave to appeal under Order X R4(5) — setting aside default judgment — test for leave: real/high prospect of success — stay of execution pending appeal.
19 July 2022