Results.
105 judgments found.
|
|
|
| December 1987 |
|
|
Whether the applicant falls within "any person" in s250(b); court held he did not and substituted common assault.
-
Criminal law — statutory interpretation of "any person" in s.250(b) Penal Code — exclusion of police officers; interplay between disciplinary provisions and criminal liability; substitution of conviction under s.15(3) Supreme Court Act and s.181 Criminal Procedure Code
|
31 December 1987 |
|
Consent and trial judgments set aside due to mutual mistake about steel quantity and payment; retrial ordered.
-
Civil procedure — consent judgment — mutual mistake as to goods supplied and paid for — consent judgment set aside; appeal; trial judgment vitiated by same mistake — retrial ordered before different judge.
|
21 December 1987 |
|
If a landlord proves s.11(1)(g) grounds, alternative accommodation is irrelevant; landlord bears the burden to prove genuine intention.
-
Landlord & Tenant (Business Premises) Act — s.11(1)(g) — landlord must prove bona fide intention to occupy for business; availability of alternative accommodation irrelevant; onus on landlord to establish ground of opposition
|
20 December 1987 |
|
Court may order rectification under s.60 and bind a company despite its non‑party status; member ratification can validate defective director acts.
-
Company law — rectification under s.60 — court may bind company not a party — member authority and ratification of defective directors' acts — ostensible authority and estoppel — wrongful transfer and account
|
20 December 1987 |
|
Tenant estoppel upheld for rent claim; third party's ownership raises triable issue requiring remittal.
-
Landlord and tenant — denial of landlord's title by tenant — estoppel — summary judgment (Order 13) — third-party proprietary claim — triable issue — remittal for directions.
|
17 December 1987 |
|
Whether post-termination rent payments and conduct created a new tenancy and justified a stay of possession pending appeal.
-
Landlord and tenant law — Business Premises Act — whether post-termination payment and conduct can create a new tenancy — distinction from Bobert v Kapindula — stay of execution pending appeal — mesne profits.
|
17 December 1987 |
|
An accomplice is liable for confederates' violent acts if those acts are a probable consequence of the common unlawful purpose.
-
Criminal law — Common unlawful purpose — Section 22 Penal Code — Liability for confederates' acts that are a probable consequence of a joint enterprise — Distinguishing Mwape v The People
|
13 December 1987 |
|
Conviction quashed for one appellant lacking proof of recent possession; other appellant's conviction and mandatory 15-year sentence upheld.
-
Criminal law — Aggravated robbery — Doctrine of recent possession — Recent possession as evidence of guilt — Sufficiency of evidence where accused merely found in premises where stolen property recovered — Mandatory minimum sentence — Appeal against conviction and sentence.
|
8 December 1987 |
|
Vendor cannot rescind or repossess without proper notice or evidence of purchaser's implied repudiation.
-
Conveyancing and Law of Property Act s.67; notice to complete; service by registered post; sale of land; rescission; implied repudiation; onus of proof.
|
8 December 1987 |
|
Recent possession supported the first appellant's conviction; mere presence where stolen property was found did not support the second's conviction.
-
Criminal law — Aggravated robbery — Recent possession as evidence of guilt — Presence in premises where stolen goods recovered insufficient without evidence of knowledge or control — Mandatory minimum sentence.
|
8 December 1987 |
|
Provocation can reduce murder to manslaughter where the trial judge wrongly dismisses its connection to the accused’s conduct.
-
Criminal law — murder v. manslaughter — provocation as partial defence — self‑defence — appellate substitution of conviction and sentence where provocation wrongly rejected.
|
8 December 1987 |
|
Applicant cannot rescind without properly served notice; delay alone does not imply repudiation.
-
Land law — contract for sale of land — notice to complete — proper service required; implied repudiation — delay alone insufficient; substantial payments and occupation negate repudiation
|
7 December 1987 |
|
Whether a landlord’s genuine intention to reconstruct, supported by planning approvals, justifies opposing renewal of a business tenancy.
-
Landlord and Tenant (Business Premises) Act (Cap. 440) — s5 notice — s11(1)(f) reconstruction ground for opposing renewal — genuineness of landlord’s intention — relevance of planning permission and statutory approvals — inability to carry out works while tenant in occupation.
|
5 December 1987 |
| November 1987 |
|
|
Seizure of an uncustomed, fraudulently documented vehicle upheld because the purchaser had notice and acquired no title.
-
Customs and Excise Act s.162 — seizure of uncustomed goods; Sale of Goods Act s.21(1) (nemo dat) and s.22 (market overt) — whether purchaser had notice; use of false customs/registration documents as constructive notice; fraudulently obtained goods — innocent purchaser doctrine; personal remedy against seller.
|
30 November 1987 |
|
Court grants a final 21-day extension to file appeal record and heads, refuses stay of possession, and requires security deposit or automatic dismissal.
-
Civil procedure — appeal — want of prosecution — final extension to file record and heads — automatic dismissal if conditions unmet; enforcement — refusal to stay possession order; security for judgment debt via jointly operated counsel account; costs against defaulting appellant.
|
24 November 1987 |
|
Applicants held liable for manslaughter under common purpose despite other villagers’ assaults; appeals against conviction and sentence dismissed.
-
Criminal law — Common criminal purpose — Joint adventurers and crimines participes — Causation where multiple assailants — Penal Code ss.207(d),(e) — Credibility findings on appeal — Manslaughter.
|
19 November 1987 |
|
Court upheld murder conviction, rejecting self-defence and finding witness corroboration sufficient; death sentence mandatory.
-
Criminal law — Murder — credibility and corroboration of witnesses — self‑defence rejected — independent corroboration by relative — mandatory death sentence.
|
19 November 1987 |
|
Conviction quashed where missing post‑mortem and unsafe in‑court identification rendered the murder charge unsupported.
-
Criminal law — murder — insufficiency of evidence where no post‑mortem produced — section 19(1) Criminal Procedure Code; identification evidence — requirement for identification parade; in‑court identification unsafe; unresolved evidential discrepancies; misdirection by trial judge.
|
18 November 1987 |
|
Joint participants in similar assaults may each be liable for resulting death despite other assailants' involvement.
-
Criminal law — common criminal purpose — joint adventurers and crimines participes — liability where multiple assailants contribute to death — causation under Penal Code ss. 207(d),(e) — appellate review of credibility findings — sentencing
|
18 November 1987 |
|
Conviction based on an unadjudicated confession was unsustainable where voluntariness was not properly considered.
-
Criminal law — confession — voluntariness of statement — trial-within-a-trial — appellate review where accused alleges police brutality — circumstantial evidence and reliance on confession.
|
18 November 1987 |
|
Possession of recently stolen property did not prove aggravated robbery; conviction substituted for receiving stolen property.
-
Criminal law — aggravated robbery — sufficiency of evidence — possession of recently stolen property; inference of guilt not necessarily sole inference — receiving stolen property (s.318(1)) — substitution of conviction and sentence on appeal.
|
17 November 1987 |
|
The prosecution must prove a confession's voluntariness; misdirection on burden renders conviction unsafe.
-
Criminal evidence — confession — voluntariness — burden of proof rests on prosecution to prove voluntariness beyond reasonable doubt; misdirection on burden renders conviction unsafe.
|
17 November 1987 |
|
Appellants' aggravated robbery convictions upheld despite trial misdirections; appellate proviso applied owing to substantial corroborative evidence.
-
Criminal law — confession evidence — voluntariness — trial court misdirected by relying on contents of disputed statements; Identification evidence — conflict in witness accounts and pre-parade sighting; Appellate proviso — applied where ample corroborative evidence renders conviction safe; Convictions for aggravated robbery upheld.
|
15 November 1987 |
|
Presence at a robbery plus sale of stolen goods does not sustain aggravated robbery; conviction substituted to receiving stolen property.
-
Criminal law — Aggravated robbery — Sufficiency of evidence — Presence at offence and sale of stolen goods — Confession — Substitution of conviction to receiving stolen property (s.318(1) Penal Code) — Sentencing.
|
3 November 1987 |
|
Whether provocation (insults and assault) negated a murder conviction where appellant struck his father with a nearby hoe.
-
Criminal law — Provocation — Elements: act of provocation, actual and reasonable loss of self-control, proportionate retaliation; proportionality of retaliation where weapon at hand; appeal allowed and murder conviction/quashed and sentence reduced.
|
3 November 1987 |
|
Identification, recent possession and conduct sufficiently supported the aggravated robbery conviction; appeal dismissed.
-
Criminal law — aggravated robbery — identification evidence — recent possession of stolen property — corroboration — failure to explain possession — substitution of conviction — appellate review.
|
3 November 1987 |
|
Confessions improperly admitted; identification upheld; insufficient proof of firearm use—convictions reduced and 15-year sentences substituted.
-
Criminal law — confession statements — voluntariness — burden on prosecution to prove voluntariness; Identification — Turnbull principles — ample opportunity to observe; Evidence — proof of firearm — requirement of ballistic/forensic link to establish use of firearm; Substitution of conviction and sentence.
|
3 November 1987 |
|
Untried or subsequent related offences do not count as prior convictions under s.275; mandatory enhanced sentence requires earlier conviction.
-
Sentence — Mandatory minimum under s.275 Penal Code — "Second or subsequent" offence requires prior conviction existing before commission of later offence — Untried/outstanding charges do not attract enhanced sentence; prosecutorial consolidation of related charges important
|
2 November 1987 |
| October 1987 |
|
|
Court granted bail pending appeal after weighing sentence length, appeal prospects, applicant's bail conduct and personal standing.
-
Criminal procedure — Bail pending appeal — factors: length of sentence, prospects/merits of appeal, conduct on bail during trial, risk of interference, sureties, surrender of passport.
|
28 October 1987 |
|
Credibility findings and independent physical evidence supported conviction; accidental discharge and provocation defences rightly rejected.
-
Criminal law — murder — evaluation of eyewitness credibility — corroboration by physical evidence (cartridge cases) — accidental discharge versus deliberate shooting — rejection of provocation defence — appellate review of trial judge's factual findings.
|
20 October 1987 |
|
An acquittal entered without a verdict is a nullity; adjournment discretion must serve the broader interests of justice.
-
Criminal law — Adjournment — Court discretion — Broader interests of justice; Criminal procedure — Verdict required before recording conviction or acquittal — Acquittal without verdict is nullity; Appeal — Power to set aside defective acquittal and order continuation of trial
|
19 October 1987 |
|
Juvenile offender’s 15-year sentence set aside; three years' probation ordered under probation officer supervision.
-
Criminal law — Sentencing of juvenile offenders — Welfare report and time served — Substitution of custodial sentence with probation — Probation officer's supervisory discretion.
|
7 October 1987 |
|
Appellate court reduced a nine-year consecutive sentence to five years concurrent, balancing guilty-plea credit against systematic large-scale theft.
-
Criminal law — Sentencing — Theft by servant — Consecutive versus concurrent sentences — Credit for guilty plea and first-offender status balanced against systematic, large-scale theft — Appellate substitution of sentence.
|
7 October 1987 |
|
Appellant’s firearm-based aggravated robbery conviction quashed for lack of expert proof of a firearm; conviction substituted for use of an offensive weapon.
-
Criminal law — Aggravated robbery — Identification evidence and identification parade — Admissibility and reliability of eyewitnesses — Proof of firearm — necessity for expert evidence where firearm elevates offence to capital crime — Substitution of conviction and sentence.
|
6 October 1987 |
|
Court upheld first appellant’s murder conviction on corroborative admission; quashed second appellant’s conviction for lack of corroborated identification.
-
Criminal law — murder — identification evidence — reliability and need for corroboration of a witness who had been drinking and delayed reporting — corroboration by inculpatory admissions — application of proviso to save conviction.
|
6 October 1987 |
|
Trial misdirection rendered a false-information conviction unsafe; a separate repeat stock-theft sentence reduced to the mandatory seven years.
-
Criminal law — false information to public officer — public mischief — burden of proof — inadmissible requirement for independent corroboration of defence witnesses — misdirection — unsafe conviction
-
Criminal procedure — appellate review — proviso to s.15(1) Supreme Court of Zambia Act — when not to apply
-
Property crime — stock theft — subsequent offence — mandatory minimum sentence — appellate reduction where no aggravating circumstances
|
6 October 1987 |
|
Trial within a trial required to decide voluntariness of statement; unwitnessed warn-and-caution statement can be admissible.
-
Criminal law — Confession and admissions — Voluntariness — Trial within a trial required where voluntariness or forced signing is alleged; warn-and-caution statements need not be witnessed to be admissible; sufficiency of evidence for murder conviction.
|
6 October 1987 |
|
Appeal allowed: provocation reduced murder to manslaughter where appellant used a knife immediately after being struck.
-
Criminal law — Provocation — Whether taking a weapon immediately at hand constitutes cooling-off — Reduction of murder to manslaughter; self-defence excluded; sentence for manslaughter involving a knife.
|
6 October 1987 |
|
Manslaughter is an inherent alternative to murder; conviction and five-year sentence were properly affirmed.
-
Criminal law — murder and manslaughter — lesser/alternative verdicts; requirement of plea; sentencing — first offender — appropriateness and absence of shock.
|
6 October 1987 |
| September 1987 |
|
|
A circulation made on a common-interest occasion attracts qualified privilege unless express malice is pleaded and proved.
-
Defamation — Qualified privilege — Common interest; Pleading — Necessity to plead express (actual) malice to rebut qualified privilege; Evidence — Inadmissibility of unpleaded documents relied on to prove malice
|
21 September 1987 |
|
Court suspended a twelve-month theft sentence for two years due to mitigation and good character, conditional on no further dishonesty offences.
-
Criminal law — Theft — plea of guilty — abandonment of inconsistent grounds attacking conviction — sentence mitigation — suspension of sentence conditional on no further dishonesty offences.
|
15 September 1987 |
|
Award for undelivered equipment set aside; animal valuation to be reheard due to reliance on untested affidavit.
-
Civil procedure — assessment of damages — valuation of livestock — reliance on untested affidavit and failure to allow cross-examination — prejudice to respondent; Jurisdiction — award without counter-claim; Admissibility — execution of purported agreement (exhibit D1).
|
15 September 1987 |
|
Defective trial-within-trial and police officer’s theft rendered the applicants’ convictions unsafe.
-
Criminal law — admissibility of warned-and-cautioned statements — trial-within-a-trial — requirement to give adequate reasons — safety of convictions — evidence of police misconduct/planting of property — receiving stolen property.
|
15 September 1987 |
|
Conviction for burglary upheld; sentence increased on appeal was unjustified and substituted with five years' imprisonment.
-
Criminal law — burglary and theft — plea of guilty and admission of facts — appellate challenge to plea; Sentencing — appellate enhancement — reliance on prior convictions — improper and excessive sentence; mitigation for guilty plea and partial recovery of property.
|
15 September 1987 |
|
Identification corroborated by possession of stolen car, but recovered firearm not sufficiently linked to sustain firearm-enhanced conviction.
-
Criminal law — aggravated robbery — identity of accused corroborated by possession of stolen vehicle; recovered firearm not proved to be weapon used; failure to take fingerprints raises presumption favouring accused; requirement to prove firearm used capable of firing to sustain s.294(2) conviction; conviction substituted under s.294(1).
|
15 September 1987 |
|
Uncontroverted prosecution evidence upheld forgery conviction; appeals cannot reduce a statutorily prescribed mandatory sentence.
-
Criminal law — Forgery and uttering — sufficiency of prosecution evidence and effect of accused’s silence — photocopied certificate contradictions with school records; Criminal law — Aggravated robbery — mandatory minimum sentence — appeals against statutory sentences incompetent.
|
15 September 1987 |
|
Convictions based primarily on confessions admitted without adequate reasons, coupled with evidence of third-party possession, were unsafe and quashed.
-
Criminal law — aggravated robbery — admissibility of confessions — trial-within-a-trial — inadequate reasons — unsafe convictions; Recovery of stolen property at accused’s premises; Police officer’s possession and conviction relevant to safety of convictions.
|
15 September 1987 |
|
Appellate court reduced sentence from seven to four years after finding sentencing misdirection regarding irrelevant deterrence rationale.
-
Criminal law — manslaughter — sentencing — irrelevant considerations and misdirection by sentencing court — appellate interference and substitution of sentence.
|
15 September 1987 |
|
An appeal against a statute-prescribed mandatory 15-year sentence for aggravated robbery is incompetent and dismissed.
-
Criminal law — Aggravated robbery — Statutory mandatory minimum sentence of 15 years — Appeal against a sentence fixed by statute is incompetent — Juvenile exception noted.
|
15 September 1987 |
|
Appellate court quashed manslaughter conviction due to inconsistent evidence and a defective record supporting the accidental-collision defence.
-
Criminal law — manslaughter — sufficiency and consistency of evidence; causation of head injury (collision v. blow); appellate relief where record is defective; retrial discretionary.
|
15 September 1987 |