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Supreme Court of Zambia - 1989 May

4 judgments
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4 judgments
May 1989
Felix Muhongo Mukubesa v The People (Appeal No. 7 of 1986) [1989] ZMSC 126 (23 May 1989)
A conviction founded solely on an erroneous credibility inference about how a person falls when pushed is unsafe and will be quashed.
  • Criminal law — Appeal — Credibility findings — Misdirection — Incorrect inference that a person pushed from the front must fall on their back — Conviction unsafe and quashed.
23 May 1989
David Lambwe v People (Appeal No. 19 of 1987) [1989] ZMSC 142 (17 May 1989)
Appellant's mistaken-identity defence rejected; eyewitness identification and weapon possession upheld; appeal dismissed.
  • Criminal law — Identification evidence — Mistaken identity — Corroboration by possession of weapon — Appellate review of trial judge’s factual findings.
17 May 1989
Marshall v Mcdougall (S.C.Z. Judgment 25 of 1989) [1989] ZMSC 17 (17 May 1989)
Supreme Court has limited inherent jurisdiction to protect its orders but must remit factual or originating-summons disputes to the High Court.
  • Civil procedure — jurisdiction of appellate court — inherent jurisdiction to protect its orders versus limitation in deciding disputed facts — interlocutory injunctions remitted to High Court — enforcement of appellate orders through High Court procedures
17 May 1989
Enias Ncube and Anor v The People (Appeal Nos 9 and 10 of 1980) [1989] ZMSC 124 (9 May 1989)
Appeal examines misdirections, identification and corroboration; first appellant’s conviction upheld by proviso, second appellant’s conviction quashed.
  • Criminal law — aggravated robbery — identification evidence and dock identification — hearsay and corroboration — co‑accused’s statements inadmissible against another — application of proviso — mandatory minimum sentence substituted.
9 May 1989