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Supreme Court of Zambia - 1988 June

4 judgments
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4 judgments
June 1988
Mulangi and Anor v People (Appeal 1 of 1986) [1988] ZMSC 60 (14 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
Chishimba v Koczka (SCZ 8 94 of 1986) [1988] ZMSC 61 (13 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
Mukunto v Attorney-General (S.C.Z. Judgment 7 of 1988) [1988] ZMSC 21 (12 June 1988)
Detention under public security regulations upheld; served grounds sufficient and no extra damages for non‑discriminatory poor conditions.
  • Preservation of Public Security — detention for sheltering alleged escapee — sufficiency and intelligibility of grounds of detention — limits on going behind served grounds — vagueness standard — damages for detention conditions require deliberate/discriminatory breach or alternative remedy absent
12 June 1988
Mulenga v Attorney General (S.C.Z. Judgment 6 of 1988) [1988] ZMSC 23 (12 June 1988)
Detention under public security regulations was reasonable, grounds adequate, and the appeal dismissed.
  • Preservation of Public Security — detention under regulations — Article 26 reasonableness inquiry — sufficiency and clarity of grounds (Article 27) — impossibility test for unlawful detention (Chisata principle)
12 June 1988