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High Court of Zambia - 2013 November

3 judgments
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3 judgments
November 2013
People v Mohan, Patel (HP 3 of 2010) [2013] ZMHC 203 (28 November 2013)
Corroborated accomplice testimony and recovered weapons upheld the first accused's conviction; circumstantial evidence insufficient for the others.
  • Criminal law — murder — abduction and shooting — accomplice evidence requiring corroboration — independent eyewitness corroboration and recovery of weapons — common purpose and joint enterprise — sufficiency of circumstantial evidence — admissions by one accused not evidence against silent co-accused — police investigative deficiencies noted but not fatal
28 November 2013
Evans Mulenga v Peter Zulu and Anor (2022/HP /1495) [2013] ZMHC 247 (13 November 2013)
Court cancelled an improperly issued title, ordered re‑issuance to the plaintiff, and awarded damages and costs.
  • Land law — Cancellation of certificate of title — entitlement to title — lack of procedural compliance and absence of records — party in default — relief: cancellation, re‑issuance, damages and costs.
13 November 2013
Cosy Corner Guest House Ltd v Lady Ross Christian School Ltd and Another (HP 747 of 2013) [2013] ZMHC 28 (10 November 2013)
Purchaser cannot substitute its TPIN for vendor’s; must prove diligent search, valid consent and registered assignment.
  • Property transfer tax — vendor’s statutory obligation — payment via seller’s TPIN — requirement of valid consent to assign and registration — burden of proof and limits of equitable relief
10 November 2013