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Supreme Court of Zambia - 1982 September

4 judgments
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4 judgments
September 1982
In Re: Kashita (S.C.Z. Judgment 27 of 1982) [1982] ZMSC 18 (23 September 1982)
An appellate court may reduce libel damages where the trial court misapprehended evidence and repetition of another's defamatory words mitigates.
  • Defamation — assessment of damages — appellate interference where trial court misapprehends evidence — repetition of another's defamatory statement as mitigating factor — failure to sue original author not mitigatory
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)
Appellate court may re-draw inferences; fire ranger's failure to warn and to assess vegetation amounted to negligence causing crop damage.
  • Civil procedure — appellate inference-drawing; defence failure does not automatically entitle plaintiff to judgment; tort — negligence — duty to foresee and abate hazards from deliberate burning; failure to give notice under natural resources control
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