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Principal Registry Lusaka - 2014

2 judgments
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2 judgments
December 2014
Davison Mtonga v Collins Ngoma (2014/HP/0891) [2014] ZMHC 388 (19 December 2014)
Certificate of Title is conclusive; owner entitled to eviction, demolition of trespass structures, nominal damages and costs.
  • Land law — Certificate of Title — Section 33 Lands and Deeds Registry Act — conclusive proof of ownership; Trespass — unlawful occupation and demolition order; Nominal damages where no proof of actual loss; Costs taxed if not agreed.
19 December 2014
Macdonald Chipenzi and Ors v The People (HPR/03/2014) [2014] ZMHC 385 (4 December 2014)
A statutory offence criminalising "false news" was held overbroad, to shift the evidential burden, and unconstitutional as unjustified limitation on expression.
  • Constitutional law — Freedom of expression (Article 20) — Criminalisation of 'false news' (Section 67 Penal Code) — Overbroad/vague; chilling effect — Burden-shifting contrary to presumption of innocence (Article 18) — Not reasonably justifiable under derogation clause — Provision struck down.
4 December 2014