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High Court of Zambia - 1982 February

4 judgments
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4 judgments
February 1982
Mundia Sikatana v the Attorney General (1982/HP/213) [1982] ZMHC 12 (26 February 1982)
A High Court judge lacks jurisdiction to reopen a final decision by an equal court; res judicata bars successive applications.
  • Civil procedure — Jurisdiction — High Court judge cannot reopen or reconsider a matter finally determined by another judge of equal jurisdiction; res judicata bars successive applications even if matter is later raised as a constitutional petition (Arts. 20(6) and 29).
26 February 1982
Sikatana v Attorney-General (HP 213 of 1982) [1982] ZMHC 5 (25 February 1982)
A High Court judge cannot reopen a matter finally decided by another judge of equal jurisdiction; res judicata bars successive applications.
  • Civil procedure — Jurisdiction of judges of equal status — Successive applications and res judicata — Plea of pardon (Art.20(6)) — Characterisation as criminal or civil irrelevant where same facts
25 February 1982
People v Lubasi (HPR 419 of 1981) [1982] ZMHC 4 (4 February 1982)
The High Court cannot revise an acquittal; acquittal does not bar administrative discipline of a public servant.
  • Criminal procedure — Revision — High Court powers under s.338 — No revision after acquittal; Public service discipline — Acquittal does not bar administrative action
4 February 1982
Director of Public Prosecutions v Lwenga (HNA 97 of 1982) [1982] ZMHC 3 (1 February 1982)
An appeal abandoned under a fundamental mistake may be treated as a nullity and restored to serve justice.
  • Civil procedure — Abandoned appeal — Restoration where abandonment induced by fundamental mistake; functus officio and absence of High Court rule; Supreme Court Rule 33 (persuasive)
1 February 1982