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High Court of Zambia - 1967 April

3 judgments
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3 judgments
April 1967
Mumba v People [1967] ZMHC 7 (28 April 1967)
Refusal to give fingerprints while in lawful custody constitutes obstruction; officer's misstatement of charge irrelevant.
  • Criminal law — Obstruction of police — Refusal to give fingerprints — Police Act s.17 — Penal Code s.222(b) — Lawful custody — Officer's ignorance or misstatement of charge irrelevant — Omission of "wilfully" in particulars not fatal (s.323 CPC).
28 April 1967
J and J Construction Company Ltd v Diedrichs [1967] ZMHC 4 (15 April 1967)
Defendant negligent in overtaking; damages awarded but reduced to account for repair-related betterment.
  • Tort — Negligence: liability for collision when overtaking; Damages: repair costs, loss of use; deduction for betterment where repairs improve vehicle beyond pre-accident condition.
15 April 1967
People v Mukanga and Ors [1967] ZMHC 11 (5 April 1967)
Section 39(3) allows discretionary forfeiture and cannot be used to forfeit property of non‑offenders.
  • Fauna Conservation Ordinance s.39(3) — Forfeiture of instruments used in illegal hunting is discretionary; court cannot forfeit property of persons not convicted under the Ordinance.
5 April 1967