Results.
71 judgments found.
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| April 1988 |
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Appeal dismissed: evidence of premeditated stealth attack rejected defences of provocation and drunkenness.
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Criminal law — murder — defences of provocation and drunkenness — timing and settlement of alleged provocation; evidence of premeditation and stealth attack supports murder conviction.
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18 April 1988 |
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Mitigating admissions in a confession must be weighed in the accused's favour unless specifically disproved.
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Criminal law — confession statements — mitigating admissions in confession to be weighed in accused's favour unless specifically disproved; admissibility after pre-statement custody; common purpose and presence in establishing murder
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18 April 1988 |
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Appeal dismissed: no misdirection shown to disturb trial court's credibility findings in theft-by-public-servant conviction.
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Criminal law — theft by public servant; credibility findings — appellate interference; requirement of demonstrating misdirection or clear error by trial court.
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6 April 1988 |
| March 1988 |
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Photographic evidence showed defendant on wrong side; appellate court allowed appellant's claim for damages.
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Road traffic accident — evaluation of photographic (real) evidence — appellate re-assessment of factual inferences — misdirection by trial judge — allocation of liability.
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25 March 1988 |
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A successive habeas corpus application is barred unless it adduces fresh evidence or grounds not previously available.
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Habeas corpus — successive applications — English practice barring repeat applications unless fresh evidence/grounds — Habeas Corpus Act 1816 not part of Zambian written law — s 10 High Court Act and Interpretation Act construction — abuse of process where available grounds withheld
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24 March 1988 |
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Appellant's permission request was not sinister; respondent failed to prove marriage breakdown caused by appellant.
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Customary law — taking another man's wife without permission; burden of proof in civil claim for marriage breakdown; credibility assessment and appellate intervention for trial judge misdirection; refund of wrongful damages; costs subject to Legal Aid.
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22 March 1988 |
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Where a contract allowed one‑month termination, lost‑profits damages limited to one month; unchallenged evidence referencing records sufficed to prove leakages.
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Contract law — breach — measure of damages for non‑supply where contract permits termination on notice; Evidence — proof of special loss — unchallenged oral evidence referring to records may suffice where opponent fails to call or demand documents; Mitigation and assessment period for lost profits
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16 March 1988 |
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A statutory rule requiring original lottery tickets to be lodged in a designated security area before the draw is binding and cannot be circumvented by negligence claims.
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State lotteries — rule requiring original ticket to be lodged in designated security area before draw — statutory enforceability (rule 12(6) and s.20(3) State Lotteries Act) — possession by employee vs physical location — vicarious liability cannot circumvent express rules
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16 March 1988 |
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Recent possession of stolen property bearing distinctive marks justified an inference of participation; conviction and sentence were upheld.
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Criminal law — recent possession of identifiable stolen property as evidence of participation in robbery; identification of stolen goods by distinctive marks and debris; admissibility and weight of warned and cautioned statements; police duty regarding fingerprinting; appellate review of sentence severity.
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8 March 1988 |
| February 1988 |
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Custody of keys and mere opportunity are insufficient to sustain a theft conviction without further incriminating evidence.
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Criminal law — Theft — Circumstantial evidence and opportunity — Custody of keys insufficient without further incriminating evidence; conviction unsafe where DPP does not support prosecution.
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24 February 1988 |
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Appeal against robbery convictions dismissed; eyewitness identification held reliable despite brief observation.
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Criminal law — Robbery — Identification evidence — Sufficiency and reliability of eyewitness identification after a brief observation — Threats during offence and credibility assessment — Appeal against conviction.
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23 February 1988 |
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23 February 1988 |
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Assault followed by death can ground manslaughter conviction on lay evidence plus a post‑mortem report, absent a novus actus.
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Criminal law — Manslaughter; causation — role of medical evidence and post‑mortem reports; lay evidence of assault followed by death — novus actus interveniens; admissibility and weight of written post‑mortem opinion
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22 February 1988 |
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Court set aside dismissal for want of prosecution, granted 60 days to lodge record, and ordered K100,000 payment.
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Civil procedure — Dismissal for want of prosecution — Defective service of notice to dismiss — Extension of time to prosecute appeal — Responsibility of appellant to apply for enlargement — Reasonable explanation for delay (missing High Court file) — Payment out of funds on deposit.
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16 February 1988 |
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Circumstantial blood evidence and reliance on excluded exhibits failed to remove reasonable doubt; conviction quashed and appellant acquitted.
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Criminal law — murder — circumstantial evidence and reasonable inferences; evidentiary value of blood-stains and excluded exhibits; alibi corroboration and safety of conviction.
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11 February 1988 |
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Whether ordering a retrial is appropriate where the applicant has already served the sentence after loss of the trial court's judgment.
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Criminal law — Appeal — Loss of trial court judgment — appellate remedial options — retrial as exceptional remedy — fairness where appellant has already served sentence — authorities: Musukuma, Nyirongo, DPP v Risbey.
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10 February 1988 |
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First offenders selling prescribed trophies may be fined; imprisonment reserved for trafficking or repeat offenders.
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Sentencing — National Parks and Wildlife Act — distinction between s.139 (hunting) and s.142 (selling prescribed trophy) — first offenders may be fined — mandatory custodial sentence applies to trafficking or repeat offenders only
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8 February 1988 |
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Unproven 'leading' to incriminating items and mere possession of ammunition/new clothes cannot sustain robbery convictions.
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Evidence — Aggravated robbery — 'Leading' police to incriminating items — proof of guilty knowledge when multiple accused — circumstantial evidence — possession of ammunition and new clothing insufficient alone
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8 February 1988 |
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Appeal dismissed for failure to lodge a proper record and to file heads of argument; no discretionary extension granted.
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Civil procedure — Appeal — Requirement for proper record and heads of argument where counsel appears — Discretion to grant adjournment or extend time requires material justification — Failure to prosecute appeal and non-compliance may justify dismissal.
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2 February 1988 |
| January 1988 |
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An appellate court may increase a sentence only for statutory-minimum omission, total inadequacy, or wrong-in-principle.
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Sentence on appeal — Increase of sentence — Appellate increase permissible only where statutory minimum omitted, original sentence totally inadequate, or wrong in principle — Need for reasons when increasing sentence
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25 January 1988 |
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Daylight multiple identifications corroborated by recovered stolen property and a firearm upheld armed robbery convictions.
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Criminal law — identification evidence — Turnbull warnings for fleeting sightings — corroboration by possession of stolen property — proof and linking of firearm — joint enterprise liability — scope of police duty to investigate alibis.
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20 January 1988 |