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High Court of Zambia - 1982 February

4 judgments
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4 judgments
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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 plea finally decided by another judge of equal jurisdiction; res judicata bars the petition.
Constitutional remedies – Article 20(6) (pardon) – Civil procedure – Jurisdiction of judges of equal High Court jurisdiction – Reopening decided matters; Res judicata; High Court Act s.4; Protection of Fundamental Rights procedure.
 25 February 1982
People v Lubasi (HPR 419 of 1981) [1982] ZMHC 4 (4 February 1982)
High Court cannot exercise statutory revision powers to overturn a subordinate court acquittal; administrative discipline remains available.
Criminal procedure — Revision jurisdiction — s.338 Criminal Procedure Code — Whether High Court may revise subordinate court acquittal; Administrative action — Lawfulness of disciplining public servant after acquittal.
 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 restored if the abandonment is shown to be a nullity.
Civil procedure - Abandoned appeal - Restoration where abandonment made under fundamental mistake; Appeal against costs distinguished from appeal against acquittal; Inherent judicial power; Supreme Court Rule 33 referenced.
 1 February 1982