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Supreme Court of Zambia - 1985 February

3 judgments
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3 judgments
February 1985
International Trades Crystals Societe Anonyme v Northern Minerals (Zambia) Limited (S.C.Z. Judgment 5 of 1985) [1985] ZMSC 6 (26 February 1985)
An absent director's failure to demand a rehearing waives notice irregularity, validating the resolution and writ.
  • Civil procedure — Writ authority — Company board resolution passed without notice to a director — Notice irregularity cured or waived where absent director, aware of decision, fails timely to require a second meeting; Arbitration — stay refused where no contractual dispute between parties
26 February 1985
Simwanza v People (S.C.Z. Judgment 3 of 1985) [1985] ZMSC 5 (19 February 1985)
Court may recall witnesses to clarify issues but prosecution must call rebuttal; bank records with bank consent are admissible without warrant.
  • Criminal procedure — calling/recalling witnesses and rebutting evidence; court should not itself assume prosecution’s role — bank records admissible without search warrant where bank consents; Evidence (Bankers' Books) Act s.3 — prima facie evidence of entries
19 February 1985
Mabuye v Council of Legal Education (S.C.Z. Judgment 1 of 1985) [1985] ZMSC 4 (7 February 1985)
Past disciplinary misconduct will not permanently bar enrolment if subsequent contrition and conduct redeem the applicant's integrity.
  • Legal Practitioners Act — fitness to enrol — integrity as overriding criterion — redemption by subsequent good conduct — natural justice and right to be heard — appellate substitution of findings where inferences from undisputed facts
7 February 1985