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High Court of Zambia - 2019 November

2 judgments
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2 judgments
November 2019
Neira Investments Limited v Northern Province Co-operative and Marketing Union Limited (2019/HP/0454) [2019] ZMHC 34 (29 November 2019)
Holding over and payment created a quarterly periodic tenancy requiring three months’ notice; distraint was lawful and plaintiff’s special-damage claim failed.
  • Landlord and tenant — expiry of fixed-term lease and holding over — creation of periodic (quarterly) tenancy by payment and acceptance of rent — notice to quit equals period length; distraint for rent — lawfulness of Warrant of Distress; proof of special damages required with reasonable particularity.
29 November 2019
The People v Japhet Chataba (Convict No. 1) and Steven Sambo (Convict No. 2) (HBR/06/2018) [2019] ZMHC 40 (27 November 2019)
High Court confirmed convictions for unnatural offences, holding trial factual findings and credibility assessments were not reviewable absent perversity.
  • Criminal law — Revisionary jurisdiction of High Court — Limits on disturbing trial court factual findings; Unnatural offences — sufficiency of eyewitness evidence; Right to silence — not a ground for penalization absent unfairness; Medical opinion with delayed examination — limited weight.
27 November 2019