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Supreme Court of Zambia - 1982 August

2 judgments
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2 judgments
August 1982
Mumba v Zambia Publishing Company (S.C.Z. Judgment 24 of 1982) [1982] ZMSC 16 (25 August 1982)
A defendant cannot invoke statutory absolute privilege by relying on an unpleaded alternative factual basis; reports must be contemporaneous, fair and accurate.
  • Civil procedure — pleadings — impermissible extension to unpleaded case; Defamation — libel — statutory absolute privilege (s.8) requires contemporaneous, fair and accurate report; qualified privilege not available where statutory privilege fails and is unpleaded; damages awarded
25 August 1982
Chimbo & Others v People (S.C.Z. Judgment 23 of 1982) [1982] ZMSC 15 (23 August 1982)
Confessions improperly admitted and suspect witnesses cannot corroborate one another absent independent corroboration; identification procedures were defective.
  • Evidence — Confessions: voluntariness and medical reports; Evidence — Accomplices and suspect witnesses: risk of false implication; Evidence — Identification: recognition vs stranger ID; need to exclude honest mistake; necessity of proper identification parade
23 August 1982