Results.
55 judgments found.
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| August 2023 |
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Conviction for aggravated robbery affirmed under common purpose; sentence set aside and replaced with juvenile-appropriate probation.
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Aggravated robbery — common purpose — participation and retention of stolen property; Child witness corroboration — Juveniles Act (child under 14); Sentencing — juvenile at time of offence must be considered though tried as adult; Threat of violence under s.294 need not be directed at person possessing stolen item.
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31 August 2023 |
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Unregistered probate is void only as to land interests; administrator must register or obtain extension before suing on estate land.
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Succession and land law — registration of probate required under Lands and Deeds Registry Act — non‑registration voids probate as to land — administrator’s locus standi to sue for land claims — caveat lodging and propriety — registered proprietor cannot caveat own title.
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31 August 2023 |
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Whether opportunity to commit an offence can corroborate victims' accounts and the correct sentencing for multiple offences.
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Criminal law — Indecent assault and assault on a child — Corroboration: opportunity (emergence from house after victims cried) can corroborate victims' accounts; witness credibility and material inconsistencies; sentencing for multiple offences—separate sentences and specification of concurrency/consecutiveness required.
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31 August 2023 |
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Court upheld title but set aside orders deeming occupiers squatters and remitted matter for retrial due to improper reliance on a survey.
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Property law — Certificate of Title and protection under section 33 Lands and Deeds Registry Act; boundary disputes — limits of court‑ordered surveys and necessity to invoke Land Survey Act/Ministerial direction; procedure — requirement to join State/Attorney‑General when surveys may affect registered parcels; squatters — need for judicial determination before labeling occupiers and awarding damages.
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31 August 2023 |
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Certificate of title is conclusive absent specifically pleaded and strictly proved fraud; consent order did not bar allocation of remaining State land.
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Land law — Certificate of title conclusive under Lands and Deeds Registry Act; title vulnerable only to fraud or specific defects — Allegations of fraud must be pleaded with particularity and proved to a high standard — Consent order effect limited to protecting named beneficiaries’ allocations, not to prevent allotment of remaining State land — Claimant bears burden to prove trespass and special damages; survey evidence may be necessary — Costs follow the event, court’s discretion to award costs upheld.
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31 August 2023 |
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High Court lacks revisionary power under s.338(1)(b) CPC to set aside or annul a subordinate court’s acquittal.
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Criminal procedure — Revisionary jurisdiction — Sections 337 and 338 Criminal Procedure Code — s.338(1)(b) excludes orders of acquittal from review — autrefois acquit — jurisdictional limits.
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31 August 2023 |
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Parents lacked standing; deceased’s voluntary struggle for police firearm defeats negligence claim (volenti non fit injuria).
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Tort — Negligence — Duty of care and breach; volenti non fit injuria as defence to negligent shooting during struggle for police firearm; locus standi — parents v administrators — Intestate Succession Act; police firearm handling and accidental discharge.
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31 August 2023 |
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Application to subpoena Surveyor General and compel documents on appeal dismissed for failing fresh-evidence (Ladd v Marshall) criteria.
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Appeal — Production of documents and calling witnesses on appeal — Fresh evidence doctrine — Ladd v Marshall criteria — Subpoena of Surveyor General and Commissioner of Lands — Interlocutory jurisdiction — Second bite of the cherry.
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31 August 2023 |
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A judgment creditor without a court order or legal link cannot lodge a caveat on unrelated debtor property; wrongful caveats may attract damages.
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Lands and Deeds Registry Act s.76 — caveats — requisite enforceable interest; Judgment debt ≠ automatic proprietary interest; Originating summons — damages claim may be supported by affidavit; Wrongful caveat — liability for damages.
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31 August 2023 |
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Dismissal for want of prosecution set aside where single late adjournment and no prejudice made dismissal disproportionate.
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Civil procedure — dismissal for want of prosecution — Order 35 High Court Rules — strike out vs dismissal with liberty to restore — exercise of judicial discretion — prejudice and conduct of parties — restoration to active cause list.
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31 August 2023 |
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An employee on a fixed-term contract cannot rely on a subsequently approved collective agreement after prior notification of non-renewal.
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Labour law — Collective agreement approval and commencement — Effect of Ministerial approval (s.71(3) ILRA) — Fixed-term contracts — Effluxion of time — Conversion to permanent employment — Management discretion in implementing collective agreement clause.
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31 August 2023 |
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Conviction on circumstantial evidence upheld under recent-possession doctrine; sentences reduced from 15 to 10 years for excessiveness.
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Criminal law — Vandalism — Circumstantial evidence and cogency of inference; recent possession doctrine; admissibility of phone call evidence without phone records; appellate power to vary sentence (s16(5) Court of Appeal Act); sentence proportionality.
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31 August 2023 |
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31 August 2023 |
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Court upheld identification and corroboration but substituted 'armed' aggravated robbery convictions to ordinary aggravated robbery because the gun was not a firearm.
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Criminal law — identification evidence — opportunity and quality of observation; corroboration by recovered articles; firearm defined under Firearms Act — dummy gun not a firearm — substitution of conviction from armed aggravated robbery (s.294(2)) to aggravated robbery (s.294(1)); sentencing — concurrent custodial terms, deterrence for threats of sexual violence.
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31 August 2023 |
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Failure to show satisfactory reasons for delay leads to refusal of extension for leave to appeal and of stay of execution.
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Civil procedure — Extension of time — Application for leave to appeal to Supreme Court — Discretion under Order XIII Rule 3(1) — Applicant must show sufficient and satisfactory reasons for delay; failure to explain delay warrants refusal; stay of execution denied where extension refused.
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31 August 2023 |
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Whether prospective prosthetic costs are special damages requiring specific pleading and whether the issue is res judicata.
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Assessment of damages — Prosthetic (myo-electric) arm costs — prospective expense vs special damages — pleading requirements for special damages — proof of actual loss — res judicata — appellate restraint on re-litigation.
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31 August 2023 |
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Appeal dismissed because the grounds of appeal contained argumentative narrative, breaching Court of Appeal rules.
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Appeal procedure — Memorandum of appeal — Order X Rule 9(2) — Grounds must be concise, under distinct heads and without argument or narrative — Non‑compliance fatal — Preliminary objection going to jurisdiction — Appeal dismissed with costs.
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31 August 2023 |
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Supplier not liable where transformer belonged to and was managed by the occupier; occupier held negligent for failing to secure it.
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Electricity (Supply) Regulations — scope of undertaker's duties; negligence — duty of care and ownership/management of installations; evidential burden and inferences from post‑accident remediation; damages for pain, suffering and permanent scarring.
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31 August 2023 |
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Procedural omissions are often curable; personal service is required before committal for contempt, email alone is insufficient.
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Civil procedure — Irregular originating process — Distinction between jurisdictional defects and curable regulatory irregularities; Court’s discretion to permit amendment
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Contempt — Committal proceedings — Requirement of personal service and prima facie proof before leave to commence committal; email service insufficient where personal service is required
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30 August 2023 |
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An employee retired under clause 7.3 cannot claim additional separation payments under clause 7.5; appeal dismissed with costs.
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Employment law — Mode of exit — Early retirement (clause 7.3) v redundancy/separation payments (clause 7.5) — Interpretation of separation letters — Stare decisis (Febby Nsanje; Harry Chinene) — No double recovery for mutually exclusive exit modes.
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30 August 2023 |
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A non‑consensual blood transfusion contrary to a valid advance directive constitutes battery; civil claim lies and vicarious liability attaches.
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Tort — Trespass to the person/battery — Medical treatment given without valid consent or contrary to an advance directive — Patient autonomy and informed consent — Vicarious liability of hospital/State — Exemplary damages not proven.
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30 August 2023 |
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An employee retired under clause 7.3 (early retirement) cannot also claim separation/redundancy benefits under clause 7.5.
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Employment law — termination modes — early retirement (clause 7.3) v redundancy/separation (clause 7.5) — mutually exclusive benefits — statutory interpretation and stare decisis (Febby Nsanje; Harry Chinene).
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30 August 2023 |
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Applicants' claims to residential and grazing land failed because those portions were State land; only 10-hectare allotments recognized.
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Land law — state land v customary tenure — proprietary rights and equitable interests — requirement of certificate of title as conclusive evidence — burden of proof in land disputes — appellate review of trial court findings of fact.
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30 August 2023 |
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Civilian-narrated confessions must be excluded absent voluntariness inquiry; mere possession of the deceased's phone is insufficient for murder conviction.
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Criminal law — Confession evidence — admissibility and voluntariness — must be given through a person in authority; trial-within-a-trial required when voluntariness contested. Circumstantial evidence — recent possession of property — requires cogent proof excluding reasonable innocent explanations to permit only inference of guilt. Trial procedure — prohibition on sneaking confession evidence through civilian witnesses
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30 August 2023 |
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Appeal dismissed: no leave to appeal obtained; Registrar lawfully cancelled late registration; abuse of process; costs awarded.
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Lands and Deeds Registry Act — late registration of judgment — Registrar's power to cancel registrations filed out of time — requirement for leave to appeal out of time — procedural correctness in commencing fresh actions — abuse of court process; costs follow the event.
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30 August 2023 |
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Forged deed and loan agreement rendered security unenforceable; trial findings that the loan was repaid were upheld and appeal dismissed.
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Property law — third‑party security — forgery of registered owner’s signature — deed of assignment and loan agreement procured by fraud are null and unenforceable; debt repayment — factual findings on repayment upheld; interest — contractual compound interest unenforceable where contract/security void or procured by fraud; appellate review — findings of fact disturbed only in exceptional cases.
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29 August 2023 |
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Conviction quashed where murder verdict rested solely on uncorroborated testimony of a suspect witness.
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Criminal law — Evidence — Suspect witness with an interest to serve — Requirement for corroboration or special and compelling grounds before relying on uncorroborated testimony — Murder conviction overturned for lack of corroboration.
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29 August 2023 |
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Judge’s unexplained refusal to review exclusion of previously‑permitted supplementary documents was set aside and remitted for continued hearing.
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Civil procedure — Review of judge’s own ruling — Order 39 High Court Rules — Fresh evidence and duty of diligence; Civil procedure — supplementary bundles — Order 24 rule 2 timing and waiver by no-objection; Judicial conduct — requirement to give reasoned rulings; Appeal — setting aside orders and remitting record.
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29 August 2023 |
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Trial judge's failure to consider defendants' answer and give reasons breached audi alteram partem; appeal set aside for retrial.
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Employment law — redundancy and redundancy pay; Civil procedure — duty to hear parties and consider pleadings (audi alteram partem); Judgment-writing — requirement to review evidence, make findings of fact and give reasons; Procedural fairness — failure to consider Answer warrants setting aside judgment and retrial.
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29 August 2023 |
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Appellant's failure to enter appearance and file an original affidavit justified expunging documents and dismissal with costs.
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Companies Act s64(1)(b) — shareholder's application to convene meeting; High Court Rules Order V r11 (original affidavits) and Order XI r22 (appearance) — inadmissibility of copies; curability of defective affidavits; admissibility of skeleton arguments absent affidavit; requirement to seek further particulars for ambiguous pleadings.
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29 August 2023 |
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A failed defence of provocation can amount to extenuation, warranting removal of a death sentence.
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Criminal Law — Provocation — failed defence may amount to extenuation under s201; Sentencing — death sentence substituted with long term imprisonment; Attempted murder — requirement of actual intent to kill; Conviction substitution — causing grievous harm (s229).
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29 August 2023 |
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Dismissal effected with immediate handover was unlawful; one month's pay in lieu of notice upheld and redundancy award set aside.
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Employment law — Applicability of Employment Code 2019 to pre-existing contracts — Material inconsistency test; Wrongful/unlawful dismissal — form of dismissal and measure of damages (notice period/pay in lieu); Redundancy v operational requirements — alternative reliefs; Industrial Relations Division jurisdiction — delays do not automatically oust jurisdiction.
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29 August 2023 |
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Succession may be matrilineal or patrilineal; selection meeting and appointment held valid, appeal dismissed with costs.
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Chieftaincy succession — matrilineal versus patrilineal succession; customary law evidence; validity of selection meeting; electoral college composition; appellate review of factual findings.
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29 August 2023 |
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29 August 2023 |
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Appellant absolved of trespass where lessor breached contractual notice obligation; lessor held liable to indemnify and pay mesne profits.
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Property law — lease — express notice obligation on lessor upon sale — indemnity clause — liability for trespass and mesne profits — constructive/actual notice — sale of fixtures and cessation of liability — interest: average short-term deposit rate to judgment, then Bank of Zambia lending rate.
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29 August 2023 |
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Conviction quashed where corroboration of the prosecutrix's identification relied on an improperly admitted, contradictory witness statement.
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Criminal law — Defilement — Corroboration required for identity — Medical report corroborates occurrence but may not identify perpetrator after delay; Evidence — Admission of prior inconsistent statement of a witness who contradicts on oath — hostile-witness procedure required; Evidence law — Improper reliance on inadmissible statement renders conviction unsafe; Sentencing — appellate review must detect procedural defects in subordinate-court trials.
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29 August 2023 |
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Murder conviction upheld; death sentence substituted with 30 years' imprisonment due to extenuating provocation.
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Criminal law — murder — circumstantial evidence and corroboration of suspect witness — voir dire for child witnesses under Juveniles Act — defective voir dire renders child evidence inadmissible — extenuating circumstances under section 201(2) Penal Code — substitution of death sentence with determinate imprisonment.
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27 August 2023 |
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The appellant's first-offender status and absence of aggravating recklessness warranted a fine, not imprisonment.
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Road Traffic Act — causing death by dangerous driving — sentencing principles for first offenders — fine versus imprisonment — admissibility of documents produced with statement of facts — roadworthiness/road tax not necessarily aggravating.
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25 August 2023 |
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Circumstantial evidence can outweigh police dereliction where it proves the applicant's guilt beyond reasonable doubt.
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Criminal law — Vandalism — Conviction on circumstantial evidence — Standard in David Zulu — Police dereliction (failure to fingerprint) — Presumption favourable to accused but may be offset by overwhelming prosecution evidence.
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24 August 2023 |
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Appellate court upholds rape conviction despite trial judgment's s169 omission; credibility findings established non-consent.
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Criminal Procedure Code s169 — content of judgment; s353 — miscarriage of justice; Rape — elements: carnal knowledge and lack of consent; credibility findings; failure to flee not determinative.
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24 August 2023 |
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First offender who pleaded guilty to causing death by dangerous driving should ordinarily be fined unless aggravating factors justify custody.
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Criminal law — Road Traffic Act — causing death by dangerous driving — sentencing — statutory option of fine or imprisonment — first offender ordinarily fined unless aggravating factors — overtaking at junction as ingredient, not aggravation — appellate interference where sentence wrong in principle.
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24 August 2023 |
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Appellate court found cumulative provocation and extenuating circumstances, reducing death sentence to 20 years' imprisonment.
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Criminal law — murder — provocation — cumulative provocation — failed provocation defence may still afford extenuation — burden on prosecution to negative provocation beyond reasonable doubt — sentencing — extenuating circumstances under section 201(2) Penal Code — reduction of death sentence to imprisonment.
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24 August 2023 |
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Mistake of fact unavailable where accused denies committing the act and fails to show an honest, reasonable belief.
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Criminal law — Murder — Defence of mistake of fact under section 10 Penal Code — requires commission of actus reus but absence of mens rea due to honest and reasonable mistaken belief — accused denying he caused the death cannot rely on mistake of fact — subjective honesty and objective reasonableness tests; credibility of accused and presence of handcuffs/torch relevant to reasonableness.
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23 August 2023 |
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Circumstantial evidence was held cogent; failure to call the body’s discoverer was not fatal to conviction.
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Criminal law — Murder — Circumstantial evidence; sufficiency and cogency of circumstantial proof; failure to call discoverer of body not fatal; inference of guilt where only reasonable inference is culpability; post-mortem evidence of strangulation.
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23 August 2023 |
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Whether a relative eyewitness’s uncorroborated testimony safely supports murder conviction and appropriate substitution of lesser offences.
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Criminal law — suspect/relative witness corroboration; credibility and appellate restraint; sufficiency of medical evidence for grievous bodily harm; substitution of convictions by appellate court.
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23 August 2023 |
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Conviction for murder reduced to manslaughter where mob killed deceased and no witness identified the fatal blow; sentence substituted.
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Criminal law — murder v. manslaughter — mob instant justice — eyewitnesses related to deceased — danger of false implication — joint enterprise liability — sentencing in witchcraft-related mob killings.
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23 August 2023 |
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An aggrieved party must exhaust the Mines Act’s statutory appeal procedure; the High Court lacked jurisdiction over the writ action.
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Mines and Minerals Development Act — jurisdiction — statutory remedy (s97(1)) — consent of Director of Mining Cadastre — trespass v. mining/licence disputes — exhaustion of administrative remedies.
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23 August 2023 |
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A failed insanity defence cannot be treated as an extenuating circumstance; conviction and death sentence were upheld.
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Criminal law — Murder — Defence of insanity — Onus on accused to prove insanity on balance of probabilities — Medical evidence weighed with other evidence — Failed insanity defence does not constitute extenuation — Death sentence upheld.
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22 August 2023 |
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Whether foreign divorce ancillary property orders can be recognised and executed in Zambia despite delay.
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Recognition of foreign matrimonial judgments; Foreign Judgments (Reciprocal Enforcement) Act applies to superior courts only; matrimonial orders excluded from Act; English Limitation Act s.4(3) not applicable to registration of existing foreign judgments; execution after six years requires leave under RSC Order 46.
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18 August 2023 |
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Long occupation and rate payments do not prevail over a valid certificate of title; occupancy licence cancelled and eviction upheld.
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Land law — Certificate of Title conclusive evidence of ownership; occupancy licences in statutory improvement areas; bona fide purchaser for value — actual/constructive notice; effect of compulsory acquisition and pre‑emptive rights; squatters occupy at their own risk; entitlement to eviction and cancellation of suspect occupancy licence.
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18 August 2023 |