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Supreme Court of Zambia - 1982 September

4 judgments
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4 judgments
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Judgment date
September 1982
In Re: Kashita (S.C.Z. Judgment 27 of 1982) [1982] ZMSC 18 (23 September 1982)
Appellate court reduced libel damages and held republication of another's statement can mitigate, but non-joined tortfeasors do not.
Defamation — appellate review of damages — intervention where trial misapprehended evidence; republication of another's defamatory statement as mitigation; failure to sue third-party author not mitigating; slander as mitigation only if communicated to defendant.
 23 September 1982
Khalid Mohamed v the Attorney General (Appeal No. 3 of 1981; SCZ Judgment No. 26 of 1982) [1982] ZMSC 25 (23 September 1982)
Employer liable where servant negligently started fire without notice and failed to burn safely, causing crop damage.
Civil procedure – appeal – appellate drawing of inferences; Civil procedure – failure of defence does not automatically confer judgment; Tort – negligence for fire started by servant; Natural Resources Conservation Act s.28 – notice and duty to burn safely.
 23 September 1982
Mohamed v Attorney-General (S.C.Z. Judgment 26 of 1982) [1982] ZMSC 17 (22 September 1982)
Failure to give notice and to burn safely by a state fire ranger constituted negligence; appellant awarded damages and costs.
Civil procedure – Appeal – appellate court may draw inferences from undisputed facts; Civil procedure – Defence failure does not automatically entitle plaintiff to judgment; Tort – Negligence – duty to foresee and control hazards created by fire-setting; Natural Resources Conservation Act s.28 – notice and safe burning obligations.
 22 September 1982
Attorney General v Million Juma (SCZ Judgement No. 14 of 1984) [1982] ZMSC 23 (14 September 1982)
The requirement that written grounds be in a language the detainee understands is directory and may be cured by oral explanation.
Constitutional law — detention — Article 27(1)(a) — grounds in writing "in a language he understands" — directory requirement — substantial compliance by oral explanation and certificate — distinction from mandatory time and particularity requirements.
 14 September 1982