Court of Appeal of Zambia - 2024 August

50 judgments
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50 judgments
Citation
Judgment date
August 2024
29 August 2024
26 August 2024
25 August 2024
A non‑customer signatory cannot claim a bank’s Quincecare duty; alleged loss was too remote and strike‑out was proper.
Banking law – negligence – duty of care – Quincecare duty – third‑party signatory – remoteness and foreseeability – strike out for failure to disclose reasonable cause of action.
22 August 2024
Identification by victim’s daughter, uninvestigated alibi, and circumstantial/common-purpose evidence upheld conviction.
Criminal law – identification evidence – witness related to victim – opportunity to observe and bias; Criminal procedure – alibi – police duty to investigate and dereliction of duty; Criminal law – circumstantial evidence – inference of guilt; Criminal law – common purpose liability (Sections 21 & 22 Penal Code); Corroboration by odd coincidence and independent witness evidence.
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
22 August 2024
21 August 2024
21 August 2024
21 August 2024
21 August 2024
21 August 2024
20 August 2024
20 August 2024
20 August 2024
20 August 2024
20 August 2024
Murder conviction substituted with manslaughter where fatal injuries occurred during a fight; sentence set at five years.
Criminal law – Circumstantial evidence – Inference of guilt; Criminal law – Homicide: death in course of a fight – Manslaughter v. murder; Causation – necessity of evidential foundation for alternative causes of death.
19 August 2024
19 August 2024
19 August 2024
19 August 2024
19 August 2024
19 August 2024
19 August 2024
16 August 2024
16 August 2024
Court refused to dismiss the appellant's appeal for defective grounds but awarded costs to the respondent.
Appeal procedure – grounds of appeal – Order X r.9(2) CAR – non-compliance with rules (narrative/argumentative grounds) – jurisdiction – discretion to hear appeal despite defects – costs.
15 August 2024
14 August 2024
A party seeking variation of a single judge’s decision must proceed by renewal, not by an appeal styled motion.
Civil procedure — Full court review of single judge decisions — Section 9(b) CAA and Order 10 r.2(8) CAR — Renewal of application to full court, not an appeal; procedural competence; registry clerical errors; consolidation and jurisdictional objections.
6 August 2024
6 August 2024
6 August 2024
2 August 2024
A disciplinary striking-off upheld for the appellant’s failure to account for client funds; Section 68 accountant’s report not mandatory.
Legal practitioners — disciplinary proceedings — failure to render account of client funds — Sections 52, 53 and 22 Legal Practitioners Act — Section 68 (accountant’s report) not determinative — procedural fairness — suspension pending disciplinary determination — standard of proof for dishonesty — striking off as sanction.
1 August 2024
1 August 2024
1 August 2024
1 August 2024
1 August 2024
1 August 2024