High Court of Northern Rhodesia - 1964 January

Sort by:

3 judgments

Citation	Judgment date
January 1964
Jonathan Phiri v The Queen ((1963 - 1964) Z and NRLR 24) [1964] ZMHCNR 8 (31 January 1964) Failure to specify particular goods in an attempted theft charge does not invalidate the conviction if the accused was adequately informed. Criminal law – Attempted theft – Particulars of property – Whether specific goods must be specified in charge – Attempt to steal from a container includes attempt to steal its contents – Sufficiency of charge and prejudice to accused.	31 January 1964
Bowmaker (CA) (Pvt) LTD v Ernest Kennie Samkange ((1963-1964) Z and NRLR 20) [1964] ZMHCNR 2 (8 January 1964) Whether a class II subordinate court may enforce a High Court judgment exceeding its statutory £100 jurisdiction. Subordinate court jurisdiction – class II monetary limit (£100) – enforcement of High Court judgments – transfer under s24(2) High Court Ordinance does not enlarge subordinate court jurisdiction (s24(3)) – s19(3) enforcement power limited to resident/senior resident magistrates – jurisdictional increase under s23.	8 January 1964
Benson Nguila v The Queen ((1963-1964) Z and NRLR 14) [1964] ZMHCNR 1 (3 January 1964) Threats to burn property are not legal compulsion; prosecution's omission to tender a bald denial did not prejudice the accused. Criminal law — arson; compulsion under section 17 — present threat to life or grievous bodily harm required; joint charge vs indivisible offence; prosecutorial discretion to tender accused's statements; failure to tender may be ground of appeal if miscarriage of justice.	3 January 1964