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Supreme Court of Zambia - 1985 January

3 judgments
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3 judgments
January 1985
Kearney and Company Limited v Agip (Z) Limited & Another (S.C.Z. Judgment 6 of 1985) [1985] ZMSC 3 (30 January 1985)
Blue books are evidence, not title; appeals to judges in chambers are fresh applications permitting further affidavits.
  • Civil procedure — Appeal to judge in chambers treated as fresh application; further affidavits admissible
  • Evidence — Motor vehicle registration book (blue book) is not a document of title, only evidence on ownership
30 January 1985
Chibuye v Zambia Airways Corporation Ltd (S.C.Z. Judgment 2 of 1986) [1985] ZMSC 2 (23 January 1985)
A criminal acquittal is not proof in civil proceedings; dismissal upheld, but accrued leave and pension benefits awarded.
  • Civil procedure; Evidence — admissibility of criminal-trial outcome in civil proceedings; Secondary evidence admissible via cross-examination; Wrongful dismissal; Accrued leave and pension entitlements
23 January 1985
Zambia Safaris Limited v Mbao (S.C.Z. Judgment 8 of 1984) [1985] ZMSC 1 (9 January 1985)
A court may not uphold an unpleaded fraud claim unsupported by evidence or contrary to the pleaded causes.
  • Civil procedure — Pleadings — Radical departure from pleaded case — New cause of action (fraudulent concealment) cannot be entertained; Sale of Goods Act — acceptance (s.35) by dealing with goods; remedy for breach of warranty limited to damages (s.53); findings unsupported by evidence are unsustainable
9 January 1985