High Court of Zambia - 1974

2 judgments

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2 judgments
Citation
Judgment date
April 1974
Whether an expatriate Shona domiciled in Zambia retains Shona customary law for estate administration.
Succession — Administration of estate — Retention of non‑Zambian customary personal law by Africans domiciled in Zambia — Local Courts Act s.38 (procedural transfer) — Jurisdiction of local versus High Court — African customary law applies where person lives "among and after the manner" of his tribe.
16 April 1974
January 1974
Minister cannot use Immigration Act powers to declare and deport a person already recognised as a refugee under the Refugees Act.
Administrative law – Ministerial discretion under s.22(2) Immigration and Deportation Act – applicability to persons recognised as refugees under Refugees (Control) Act 1970 – conflict between general and special statutes – deportation safeguards in s.10 Refugees Act – ultra vires act
2 January 1974