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High Court of Zambia - 1967 June

3 judgments
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3 judgments
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Judgment date
June 1967
People v Mubanga and Anor [1967] ZMHC 10 (28 June 1967)
An appellate court may impose harsher, differentiated sentences on co-offenders based on antecedents and offence seriousness.
Criminal procedure – Sentencing – Joint enterprise – Differentiated sentences permissible where antecedents and character differ; prior convictions justify harsher penalty; appellate enhancement of lenient magistrates' sentences.
 28 June 1967
Bowmaker Finance Limited v Buck (ZR 79) [1967] ZMHC 30 (14 June 1967)
Where the local rules are silent, substitution of a plaintiff may follow English RSC Order 15 r.6, requiring written consent and cost safeguards.
Civil procedure – High Court Rules not exhaustive; Orders 12, 14, 16; Order 16(1) permits alteration of particulars but not substitution of plaintiff; High Court Ordinance s.10 permits recourse to Rules of the Supreme Court (England); Order 15, rule 6 (RSC) governs addition/substitution of plaintiffs; written consent required for substituted plaintiff; amendments allowed where mistake genuine and defendant safeguarded on costs.
 14 June 1967
Patel v People [1967] ZMHC 8 (2 June 1967)
The applicant cannot appeal to the High Court against the High Court's own revisional sentence; appeal rights preserved under s.309(4).
Criminal procedure – Revision – Effect of High Court decision; section 309(4) preserves rights of appeal; distinction between s.309(1)(a)(ii) (substitute sentence) and s.309(1)(a)(iv) (direct subordinate court to sentence); no appeal to High Court from its own revisional orders; appeals from revisional orders lie to Court of Appeal by leave.
 2 June 1967