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High Court of Zambia - 1968 January

2 judgments
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2 judgments
January 1968
Banda V People (HC 1 of 1968) [1968] ZMHC 3 (8 January 1968)
Court allowed a letter of request for foreign witnesses where their evidence was necessary for justice despite political difficulties.
  • Evidence — Order VI, rules 25–30: Deputy Registrar may issue commission or letter of request where evidence is "necessary for the purposes of justice"; administrative or political difficulties do not bar letters of request; requirements for foreign evidence: witness unable/unwilling to attend, bona fide and prompt application, and substantial material evidence; prefer letter of request in non‑convention country.
8 January 1968
Cicuto v Davidson and Anor (HC 149 of 1968) [1968] ZMHC 6 (8 January 1968)
Atypical presentation of intussusception did not render doctors negligent; treatment and refusal to X-ray were reasonable.
  • Tort — Medical negligence; standard of care for doctors (Bolam principle); atypical presentation of intussusception; refusal to X-ray not negligent; res ipsa loquitur not invoked; alleged failure of assistant to attend.
8 January 1968