Principal Registry Lusaka - 2020 July

3 judgments

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3 judgments
Citation
Judgment date
July 2020
An interlocutory injunction was refused where the disputed pipe had been removed and damages were an adequate remedy.
Interlocutory injunctions — requirement of clear right and irreparable injury — useful purpose/mootness where subject matter removed — adequacy of damages as remedy — American Cyanamid principles.
20 July 2020
Acquittal where identification was unreliable, alibi unrefuted, and ballistic evidence failed to corroborate prosecution case.
Criminal law — Identification evidence — single identifying witness — reliability in poor visibility and traumatic circumstances; Alibi — prosecution duty to disprove; Ballistic evidence — chain of custody and corroboration; Proof beyond reasonable doubt.
17 July 2020
A civil marriage contracted while a party is already customarily married is void ab initio, preventing a divorce of that supposed statutory marriage.
Family law — validity of civil conversion of customary polygamous marriage — capacity to contract second marriage — Marriage Act monogamy — Matrimonial Causes Act s27(1)(b) — void ab initio.
10 July 2020