District Registry-Ndola - 2017

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3 judgments

Citation	Judgment date
August 2017
Robert Musonda v Magaret Njovu and Anor (2016/HPC/0558) [2017] ZMHC 549 (14 August 2017) Interlocutory injunction granted to preserve disputed titled land pending trial; perishable crops harvesting allowed within 30 days. Land law – interlocutory injunction – ownership dispute – certificate of title v. council allocation/consent order – injunction test: serious question to be tried and irreparable injury – adequacy of damages – preservation of status quo – perishable crops exception.	14 August 2017
July 2017
John Mwape Sulako v The People (HNA/08/2017) [2017] ZMHC 536 (19 July 2017) A four-year housebreaking sentence was reduced to two years because the appellant was a first offender and there were no aggravating factors. Criminal law – Housebreaking (s.301 Penal Code) – Sentencing – guilty plea and first offender status as mitigating factors – appellate review of sentence using Alubisho three-question test – reduction of manifestly excessive sentence.	19 July 2017
February 2017
The People v Thomas Van Rooyen (HN/69/2016) [2017] ZMHC 535 (24 February 2017) Conviction for murder: provocation and self-defence rejected; failed defences deemed extenuating, sentenced to imprisonment. Criminal law – Murder (s.200 Penal Code) – Malice aforethought (s.204) – Defences of provocation (s.205) and self-defence (s.17) – proportionality of retaliation – extenuating circumstances and sentencing (s.201).	24 February 2017