Results.
19 judgments found.
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| September 2022 |
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Conviction under the death‑penalty provision cannot stand where particulars did not clearly allege use of a statutory "firearm."
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Criminal law — aggravated robbery — distinction between Section 294(1) and 294(2) — requirement to notify accused of firearm use and potential death sentence — construction of "gun" versus statutory "firearm" — Section 181 CPC and conviction on uncharged offences.
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28 September 2022 |
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Appeal dismissed: committal to High Court lawful, single-witness recognition reliable, firearm proved, death sentences upheld.
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Criminal procedure — preliminary inquiry and DPP certificate of committal; Identification — single witness recognition and dangers of mistaken identity; Aggravated/armed robbery — proof of firearm (ballistics) and notice in particulars; Sentence — mandatory death under s.294(2) where firearm used.
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28 September 2022 |
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Equitable mortgage may subsist despite unregistered legal mortgage; counter-claim must be heard together with main action.
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Lands and Deeds Registry Act — late registration renders legal mortgage void but equitable mortgage may arise by deposit/possession of title deeds; Order 30 r.14 HCR — mortgage actions by originating summons; Order 28 RSC/Order 15 RSC — counter-claims in originating summons; severance of counter-claim; discretion as to mode of commencement.
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27 September 2022 |
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Leave granted for judicial review of tender cancellation on arguable public-law ground that the Permanent Secretary exceeded statutory authority.
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Judicial review — leave to apply — public procurement — authority to cancel tenders — Zambia Wildlife Act vs Permanent Secretary — illegality, procedural impropriety and irrationality — exhaustion of administrative remedies — limited stay of invitation for bids (Chikwa Hunting Block).
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27 September 2022 |
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Whether a Permanent Secretary could lawfully cancel awarded hunting-concession tenders when statutory authority vests in the Wildlife Management Licensing Committee.
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Judicial review — leave to apply — statutory authority to cancel tenders — Zambia Wildlife Act and Public Procurement Act — powers of Wildlife Management Licensing Committee vs Permanent Secretary — exhaustion of administrative remedies — interim stay limited to affected concession.
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27 September 2022 |
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Leave granted for judicial review of a tender cancellation where the Permanent Secretary allegedly acted outside statutory authority.
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Judicial review — leave to apply — public law v private law — statutory allocation of decision‑making under Zambia Wildlife Act — Wildlife Management Licensing Committee as procurement/licensing entity — Public Procurement Act (cancellation, notification) — exhaustion of administrative remedies — limited stay of proceedings.
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27 September 2022 |
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Appeal: malice established; trial court misdirected on provocation—conviction reduced to manslaughter and seven-year sentence imposed.
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Criminal law — Murder vs manslaughter — constructive malice; provocation as partial defence; self-defence — imminence and proportionality; appellate review of contradictory factual findings.
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23 September 2022 |
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Single-witness identification unsafe where alleged connecting link is hearsay and investigative dereliction raises reasonable doubt.
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Criminal law — identification evidence — single identifying witness — opportunity for observation — danger of mistaken identity; Connecting link — admissibility of statements by uncalled witness — hearsay; Investigative failures — failure to lift fingerprints/collect phone records — dereliction of duty — presumption favouring accused; Recent possession doctrine — requires corroboration where identification is weak.
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23 September 2022 |
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Recent possession of stolen goods justified an inference of guilt; prejudicial prisoner-status evidence was expunged but appeal dismissed.
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Criminal law — aggravated robbery — circumstantial evidence and recent possession; identification parades — missing photographs and pre-parade contact; inadmissible prejudicial evidence of prisoner status — expunged but no resultant unfairness.
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23 September 2022 |
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Disciplinary procedure breaches rendered dismissal wrongful despite lack of proven discrimination; six months' salary awarded.
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Employment law — wrongful dismissal — procedural fairness and compliance with employer's disciplinary code; discrimination claims by lawfully dismissed employee; seniority and stiffer penalties; assessment of damages and costs under Industrial and Labour Relations Act Rule 44(1).
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15 September 2022 |
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Applicant's leave application dismissed: no leave required to appeal Industrial Relations Division judgment; applicant may file appeal within 30 days.
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Court of Appeal Act — appeals — leave to appeal — judgments of Industrial Relations Division — section 23 exclusions; time limit under section 25.
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15 September 2022 |
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A single judge may grant leave to appeal where the High Court refused, if reasonable prospects and public importance exist.
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Court of Appeal — leave to appeal — single judge jurisdiction (Court of Appeal Act s.12(2)) — reasonable prospects of success — public importance — permission to appeal where High Court refused.
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12 September 2022 |
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Customary succession requires a joint electoral college meeting; courts cannot impose selection from a specific family.
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Chieftaincy succession — customary law — matrilineal succession — electoral college (Mbumba) must sit jointly (Jumbe, Mchacha, Chikwanda) — procedural irregularity vitiates selection — court may not impose selection from specific family — post-judgment correction using Supreme Court Rule 78 not competent in High Court matter.
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8 September 2022 |
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Whether the Kunda customary electoral process was followed and whether a court may limit eligible families for chieftaincy succession.
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Customary law — Chieftaincy succession — Requirement that Mbumba (electoral female college) from Jumbe, Mchacha and Chikwanda meet for selection — Matrilineal succession — Invalidity of selection where customary procedure not followed — Courts cannot impose unsupported familial restriction on customary succession.
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8 September 2022 |
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Extension of time granted to regularize appeal record after a genuine clerical omission, as respondent suffered no prejudice.
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Civil procedure — Extension of time — Order XIII Rule 3 — Consent order permitting amended pleadings — Clerical/administrative omission — Sufficient reason — No prejudice — Regularisation of court record — Costs awarded.
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6 September 2022 |
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Application to stay third‑party proceedings pending appeal dismissed for lack of good reasons and prospects of success.
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Civil procedure — Stay of third‑party proceedings pending appeal — Order X Rule 5 Court of Appeal Rules; third‑party proceedings for indemnity and avoidance of multiplicity; requirement of good and sufficient reasons and reasonable prospects of success; no automatic stay on appeal.
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6 September 2022 |
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Failure to serve required appeal documents within mandatory deadlines warranted dismissal of the appeal and costs to the respondent.
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Court of Appeal Rules Order X r3(9) & r9(9) — mandatory service of notice/memorandum and record/heads within 14 days — non‑compliance fatal — prejudice and abuse of process — dismissal and costs.
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6 September 2022 |
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6 September 2022 |
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An appeal does not automatically stay execution; applicants failed to show compelling reasons to warrant a stay.
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Civil procedure — Stay of execution — Discretionary remedy — Appeal does not automatically operate as a stay — Good, special or compelling reasons required — Disclosure of assets/income and proof of inability to pay — Order 59 Rule 13.
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5 September 2022 |