|
Citation
|
Judgment date
|
| December 1988 |
|
|
|
21 December 1988 |
|
Appeal allowed; costs award and threatened committal reversed where absence was caused by court's own notice.
Civil procedure — adjournment costs — absence of counsel due to court marshall's circular — contempt — threat of committal unjustified absent evidence of discourtesy — appellate discretion on costs.
|
7 December 1988 |
|
Court reduced excessive pain and suffering award, holding kwacha devaluation must adjust but not automatically multiply past awards.
Damages — assessment of pain and suffering — devaluation of the kwacha — awards must reflect currency devaluation but not by automatic multiplication — consideration of domestic cost of living — K200 per week appropriate in this case.
|
6 December 1988 |
|
Pinioning a victim's arms to prevent resistance constitutes 'violence' under aggravated robbery provisions; appeal dismissed.
Criminal law — Aggravated robbery — Meaning of 'violence' under s.294(1) Penal Code — Restraint/pinioning of arms suffices; beating not required — Identification in broad daylight.
|
6 December 1988 |
|
Appellate court upheld theft convictions where driver/recipient testimony and documentary irregularities corroborated each other.
Criminal law – Theft by public servant – Corroboration of accomplice and witness evidence by documents (missing invoices, audit) – Credibility findings – Appellate review of factual findings.
|
6 December 1988 |
|
Mala fides in setting aside default judgments relates to conduct in litigation, not alleged wrongdoing in the underlying transaction.
Civil procedure – Default judgment – Setting aside – Mala fides as bar to relief – Mala fides means misconduct in litigation, not misconduct in underlying transaction – Exchange Control irregularities not per se mala fides.
|
5 December 1988 |
|
An apex trade union body cannot suspend an affiliate's executive absent an express or necessarily implied disciplinary power in its rules.
Trade union law – Disciplinary powers must be expressly in rules or necessarily implied – Ultra vires acts of apex body – Mandatory affiliation under Industrial Relations Act does not alone confer disciplinary authority – Judicial review limited to vires not merits.
|
5 December 1988 |
| November 1988 |
|
|
An appellate court may order concurrency to reduce an excessive aggregate sentence for offences forming one course of conduct.
Sentencing — cumulative consecutive terms — offences forming part of one course of conduct — appellate power to order concurrency to avoid an excessive aggregate sentence.
|
22 November 1988 |
|
Appeal against robbery convictions dismissed: identification parade evidence and recovered stolen property sufficiently proved the appellants' guilt.
Criminal law – Robbery – Identification evidence and identification parade – Recovery of stolen property as corroboration – Appeal against conviction – Sufficiency and evaluation of evidence.
|
10 November 1988 |
|
Appellate court upheld a ten-year hard labour sentence for manslaughter, finding deterrence and weapon use justified the sentence.
Criminal law – Manslaughter (provocation) – Sentence – Use of lethal weapon – Deterrence and exemplary punishment – Appeal against sentence – 10 years' imprisonment with hard labour upheld.
|
8 November 1988 |
| October 1988 |
|
|
Identification alone at a night-time parade is unsafe; possession of recently stolen property can corroborate identification and sustain conviction.
Criminal law – aggravated robbery – admissibility of cautioned statements – adequacy of trial-within-a-trial ruling; Identification evidence – reliability of parade identification and requirement for corroboration; Possession of recently stolen property as corroboration of identification.
|
25 October 1988 |
|
Appeal allowed: murder conviction and death sentence substituted with manslaughter and three years’ imprisonment.
Criminal law – murder v manslaughter – parental corporal punishment resulting in death – necessity of proving intent to kill or cause grievous bodily harm – substitution of verdict and sentence on appeal.
|
17 October 1988 |
|
Contempt in view of the Court must be dealt with summarily that day; otherwise refer the matter to the Director of Public Prosecutions.
Contempt of court – Procedural requirements – s.116 Penal Code – Contempt committed in view of the Court must be dealt with summarily before the Court rises; otherwise report to Director of Public Prosecutions – Committal under Order 52/R.S.C. and Balogh v The Crown Court – judge should act on own motion only if urgent.
|
11 October 1988 |
| September 1988 |
|
|
Extension of time for probate registration; assessment and reduction of damages for pain and suffering post-kwacha devaluation.
Lands and Deeds Registry Act s5(3), s6 — extension of time for registration of probate; first proviso confers jurisdiction to extend time; second proviso limits voidness to land. Civil damages — personal injury; quantum for pain and suffering; effect of currency devaluation on assessment of general damages; reduction of excessive award.
|
29 September 1988 |
|
Whether factor "C" in the statutory pension formula is computed as the actual excess of emoluments over K1,300, subject to a ceiling.
Pensions/statutory compensation – interpretation of statutory formula – meaning of factor "C" in section 53(3) – factor "C" is actual annual excess of emoluments over K1,300, subject to K3,040 ceiling.
|
29 September 1988 |
|
A State Advocate's alleged opposition to detention does not constitute fresh evidence for habeas corpus; appeal dismissed.
Habeas corpus – fresh evidence – allegation that State Advocate opposed continued detention – whether sufficient to reopen decided petition; State Advocate not detaining authority; remedy is representation to detaining authority.
|
21 September 1988 |
|
A no-case finding on the principal charge does not preclude conviction for a lesser offence if the evidence supports it.
Criminal law — no-case-to-answer (s291(2)) — conviction on lesser offence (s181(2)) — timing of operation of s181(2) — permissibility of convicting on lesser offence without calling accused to answer — contusions insufficient for grievous harm.
|
13 September 1988 |
|
Appeal allowed where sole eyewitness’s informed identification and alleged admission were unreliable, making the conviction unsafe.
Criminal law — aggravated robbery — identification evidence — witness reliability — trial judge misdirection — alleged admission to complainant — unsafe conviction.
|
13 September 1988 |
|
Unpaid advance rent is immediately in arrears; a deposit does not constitute pre‑payment of rent.
Landlord and tenant — Rent payable in advance — Arrears arise when advance rent not paid on due date — Deposit not a pre‑payment of rent — Statutory eviction under s.32A — Distress and replevin remedies.
|
5 September 1988 |
|
An apex union body lacked express or necessarily implied rule-based power to suspend an affiliated union’s executive; action was ultra vires.
Trade union law – Disciplinary powers – Power to expel or suspend must be expressly in rules or necessarily implied – General dispute-settlement or direction clauses do not imply disciplinary powers – Acts of apex body suspending an affiliated union's executive held ultra vires.
|
5 September 1988 |
|
State contractors’ failure to consult under statutory procedure rendered entry trespass; punitive damages set aside, additional compensatory damages awarded.
Property law – Trespass to land arising from state contractors taking gravel – Roads and Road Traffic Act s40 consultation requirement – Measure of damages for land damage (diminution in value vs cost of restoration) – Punitive damages must be specially pleaded; not available for bona fide public works improperly carried out.
|
3 September 1988 |
|
Uncorroborated but unchallenged oral evidence may establish value of lost goods; inconvenience damages not generally recoverable in detinue.
Detinue – wrongful detention of goods – assessment of damages – reliance on uncorroborated oral evidence for value where no other evidence available; special damages – desirability of documentary/independent proof for expenses but unchallenged lay evidence may be accepted; damages for inconvenience – not generally recoverable in detinue unless the tort itself directly causes the inconvenience.
|
1 September 1988 |
|
Consent judgments are confined to pleaded claims; affidavits for assessment cannot introduce new unpleaded heads of damages.
Civil procedure — Consent judgment — Scope limited to pleaded claim — Assessment of damages — Supporting affidavit cannot introduce new heads of claim — Registrar erred in awarding unpleaded damages; agreed items at assessment may be allowed.
|
1 September 1988 |
| August 1988 |
|
|
Limited publication and a belated apology reduce defamation damages; "contumeliously" suffices to plead exemplary damages.
Defamation — restricted publication — apology as mitigating factor — vicarious liability and pleadings — sufficiency of pleading for exemplary damages ("contumeliously") — assessment and quantum of damages.
|
29 August 1988 |
|
An accused must be charged with armed robbery to face the death penalty; poor identification needs corroboration and missed fingerprints raise a rebuttable presumption.
Criminal law – Charge particulars – necessity to notify accused of armed robbery; Identification – need for corroboration where identification is poor; Evidence – police failure to lift fingerprints raises rebuttable presumption against accused.
|
24 August 1988 |
|
An interim injunction is inappropriate when the dispute is monetary and damages would adequately compensate the claimant.
Civil procedure – Interim injunction – Balance of convenience relevant only where harm is irreparable – Where dispute is purely monetary and damages suffice, injunction inappropriate.
|
24 August 1988 |
|
Conviction for obtaining money by false pretences upheld where evidence established deliberate misrepresentation despite weaknesses on related counts.
Criminal law – Obtaining money by false pretences – sufficiency of evidence – relevance of financial regulations on proof of identity – effect of acquittals on related counts on distinct conviction.
|
23 August 1988 |
|
Identification must be corroborated; possession of stolen goods can support conviction for receiving stolen property if armed-robbery identification fails.
Criminal law – armed robbery – identification at parade – corroboration by possession of recently stolen property – substitution of conviction for receiving stolen property – admissibility/weight of exhibits identified but not formally produced – sufficiency of firearm evidence for capital charge.
|
23 August 1988 |
|
A sale contract may be made conditional on Presidential consent; summary dismissal for lack of consent was wrongful.
Land law – Presidential/state consent – Validity of sale contracts conditional upon obtaining Presidential consent under s.13(1) of the Land (Conversion of Titles) Act; procedural appropriateness of summary judgment for specific performance; dismissal as frivolous and vexatious.
|
17 August 1988 |
|
Preventive detention may be justified where past association and failure to report suspected plotters give rise to reasonable future apprehension; habeas review is limited.
Constitutional law; habeas corpus; preventive detention under Preservation of Public Security Act; relevance of criminal-law defences in habeas corpus; Article 26 vs emergency powers; past association and failure to report as basis for future apprehension.
|
11 August 1988 |
|
Compensatory damages for assault/false imprisonment should include an exemplary element; interest must reflect inflation-adjusted award.
Damages — False imprisonment and assault — Compensatory award to include exemplary element where conduct is aggravated by police; inflation/devaluation to be considered in quantum and in fixing interest rate.
|
10 August 1988 |
|
An employer's winding-up does not ordinarily negate a deceased worker's future employability when assessing fatal-accident damages.
Damages — fatal accident claims — employer wound-up not ordinarily fatal to future employability; exceptional cases only for specialised work — multipliers for future earnings — date of award governs valuation of currency (kwacha) — interest awarded with differing pre- and post-devaluation rates.
|
10 August 1988 |
|
Conviction for aggravated robbery upheld; original 45-year sentence reduced to 25 years as excessive.
Criminal law – Aggravated robbery – identification evidence and corroboration – possession of proceeds – appellate review of sentence – excessive custodial term substituted.
|
9 August 1988 |
|
Aggravated robbery convictions quashed for lack of evidence and substituted with receiving stolen property convictions, each attracting five years' imprisonment.
Criminal law – Aggravated robbery – insufficiency of evidence to prove violence/threat – Convictions quashed – Substitution with offences of receiving stolen property (s.118 Penal Code) – Sentencing to concurrent five years' imprisonment with hard labour.
|
9 August 1988 |
| July 1988 |
|
|
Court reduced a seven-year manslaughter sentence to 18 months, prioritising guilty plea and first-offender mitigation.
Criminal law — Sentencing — Manslaughter involving a mentally ill victim — Mitigation: guilty plea and first-offender status — Deterrence against assaults on mentally ill persons — Reduction of sentence.
|
26 July 1988 |
|
President's proscription under s53 valid; Gazette publication mandatory, local newspaper publication directory; appeal dismissed.
Penal Code s53(1) – proscription of publications – statutory interpretation of 'and' – mandatory Gazette publication vs directory local newspaper publication – public interest definition (s62) – Standing Orders and petition procedure – judicial review of presidential discretion: bad faith/improper motive/unreasonable view.
|
23 July 1988 |
| June 1988 |
|
|
Convictions for aggravated robbery upheld despite suspect witnesses; the first appellant's consecutive 30-year sentence reduced to concurrent 18-year terms.
Criminal law – aggravated robbery – suspect witnesses and corroboration – value of independent positions of witnesses – identification evidence – "something more" (coincidence/furtive discovery) – admissions to police – sentencing: excessive cumulative/consecutive sentences set aside; mandatory minimum sentence not attackable on appeal.
|
14 June 1988 |
|
Time stipulated as essential is not waived by an extension; a defaulting purchaser cannot obtain specific performance.
Contract law – Sale of land – Time of the essence – Special condition fixing completion within 30 days of State consent – Extension of time substitutes rather than waives requirement – Defaulting purchaser not entitled to specific performance.
|
13 June 1988 |
|
Preventive detention upheld where served grounds were sufficient and shared, systemic breaches of detention regulations do not warrant individual damages.
Preservation of Public Security – detention under preventive regulations – sufficiency and adequacy of written grounds – distinction between evidence and grounds relied upon by detaining authority – vagueness standard – damages for prison conditions and requirement of deliberate or discriminatory breach.
|
12 June 1988 |
|
Detention under public security powers upheld where grounds allowed meaningful representations and no factual impossibility was shown.
Preservation of public security – Detention under Regulation 33(1) – Article 26 reasonableness enquiry – Sufficiency and non-vagueness of grounds – Impossibility defence to detention.
|
12 June 1988 |
| May 1988 |
|
|
Court set aside consent judgment to allow amendment of writ where an obvious mistake demanded correction, with costs and timetable directions.
Civil procedure – Amendment of specially endorsed writ after consent judgment – Setting aside consent judgment and assessment for obvious mistake – Finality of litigation versus interests of justice – Costs and timetable for re-opened proceedings.
|
31 May 1988 |
|
Identification and recovery evidence upheld convictions; court could not reduce the mandatory minimum sentence imposed on the appellants.
Criminal law – Aggravated robbery – Identification evidence – Recovery of stolen property – Corroboration – Sufficiency of violence – Mandatory minimum sentence – Appeal dismissed.
|
9 May 1988 |
|
Appellate court set aside sentence where sentencing courts misapprehended facts and drew unsupported inferences.
Criminal law – Possession of firearm and ammunition without licence – Sentencing – Misapprehension of facts by sentencing court – No evidence of intent to poach or inability to handle weapon – Sentence set aside.
|
9 May 1988 |
|
Registry entries cannot substitute for evidence; tearing up a trust deed alone does not transfer beneficial ownership of shares.
Company law – beneficial ownership of shares – nominees and trustees – evidentiary onus in alleged gifts – tearing up trust deed insufficient to transfer beneficial title – registry entries not determinative; winding‑up petition inappropriate where ownership in dispute.
|
8 May 1988 |
|
Alleged omissions in the trial record failed to overturn conviction based on credible identification; mandatory sentence unappealable.
Criminal law – Aggravated robbery – Identification and credibility of witnesses – Appeal on ground of alleged omission from trial record – Presumption that court acts are done regularly – Mandatory minimum sentence unappealable.
|
5 May 1988 |
|
Court upheld aggravated robbery conviction based on recognition identification, recent possession, and corroborative arrest evidence.
Criminal law – Aggravated robbery – Identification evidence and opportunity to observe – Fairness of identification parade – Recent possession and corroboration – Non-production of alleged exhibit – Trial judge’s alleged misdirection.
|
3 May 1988 |
| April 1988 |
|
|
Winding‑up ordered where applicant’s exclusion from management created an irretrievable deadlock making arbitration futile.
Company law – Quasi‑partnership and shareholder deadlock – Just and equitable winding‑up – Arbitration clause ineffective where trust destroyed – Exclusion from board representation – Clean hands issue considered.
|
20 April 1988 |
|
Presence in a joint store-breaking does not prove common intent to murder; uncontradicted mitigating confession matters must be considered.
Criminal law – Murder – Joint enterprise/common purpose – Presence in a group not automatically proof of intent to kill; Confession admissibility – trial-within-a-trial; Mitigating assertions in confession to be weighed if uncontradicted; Substitution of conviction for lesser offence (store breaking).
|
19 April 1988 |
|
Appeal dismissed: mere dissatisfaction is not a ground and eyewitness identification upheld the aggravated robbery conviction.
Criminal law – Aggravated robbery; eyewitness identification; adequacy of grounds of appeal — mere dissatisfaction inadequate; trial judge's directions; statutory minimum sentence.
|
19 April 1988 |
|
Second appellant’s conviction unsafe and quashed; first appellant’s conviction upheld but sentence reduced to mandatory minimum.
Criminal law – Aggravated robbery – Identification and reliability of witnesses – Possession and recovery of stolen property as corroboration – Sentencing – Mandatory minimum term – Improper reliance on prevalence of offences to increase sentence – Gang participation as aggravating factor.
|
19 April 1988 |