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High Court of Zambia - 2000

3 judgments
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3 judgments
April 2000
M (A Practitioner) v Law Association of Zambia (HP 1649 of 1999) [2000] ZMHC 2 (6 April 2000)
A Law Association may suspend a practising certificate pending disciplinary hearing in urgent cases to protect clients and the profession.
  • Legal Practitioners — Suspension of practising certificate — Power to suspend pending disciplinary hearing — Protective (not punitive) suspension in urgent cases — Chief Justice’s summary jurisdiction to protect clients and profession — Interpretation Act s.25 supports incidental powers
6 April 2000
February 2000
Ani Engineering Limited and Anor v New Capital Bank Plc (1996/HP/18) [2000] ZMHC 3 (16 February 2000)
Plaintiffs cannot retain funds fraudulently credited to their bank accounts; claim dismissed with costs.
  • Banking law — fraudulent credits to customer accounts — distinction between mistake and fraud — reversal of fraudulent overpayments — unjust enrichment — lawfulness of blocking accounts and debiting to correct fraud.
16 February 2000
People v Kainda (HLR 1 of 2000) [2000] ZMHC 1 (15 February 2000)
Corporal punishment violates Article 15; wrong statutory charge and unlawful sentence quashed, accused acquitted and released.
  • Criminal law — Wrong statutory charge; corporal punishment unconstitutional under Article 15; sentence ultra vires; conviction and sentence quashed; accused acquitted and released
15 February 2000