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Supreme Court of Zambia - 1989 December

3 judgments
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3 judgments
December 1989
Dimuna v People (S.C.Z. Judgment 23 of 1989) [1989] ZMSC 1 (31 December 1989)
Court upheld conviction: no dereliction for untested fingerprints without proof of opportunity, and no legal rule requiring corroboration of a single police witness.
  • Evidence — identification by witnesses; fingerprints — dereliction of duty only if opportunity to obtain usable prints is shown; corroboration — no rule requiring corroboration of single police witness; comment on accused's silence — permissible factual observation; juvenile status and mandatory death sentence
31 December 1989
Zimco Properties Limited v Dinalar Randee Enterprise (S.C.Z. Judgment 1 of 1989) [1989] ZMSC 2 (31 December 1989)
Section 11(1)(e) applies only to superior landlords who must prove better rental yield; five-year rule bars transfers defeating new-tenancy rights.
  • Landlord and Tenant (Business Premises) Act (Cap. 440) — s.11(1)(e) — interpretation; applies to superior landlords — must prove superior tenancy, ownership on termination, and that letting as a whole gives better rental yield; s.11(2) five‑year protection — transfers to evade tenant rights; notice to quit binds landlord to stated grounds
31 December 1989
Dennys Mushiko Luywa v Cold Storage Board of Zambia (Appeal No. 30/89) [1989] ZMSC 148 (12 December 1989)
Appeal dismissed: Board had power to dismiss and procedural defects did not cause prejudicial breach of natural justice.
  • Administrative law — natural justice — adequacy of notice and opportunity to be heard; statutory power of board to dismiss employees; procedural irregularity and prejudice; discretionary remedies.
12 December 1989