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Supreme Court of Zambia - 1989 June

5 judgments
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5 judgments
June 1989
Alex Chokwe v People (Appeal No 89/86) [1989] ZMSC 145 (13 June 1989)
Conviction quashed where complainant’s recognition evidence failed to exclude honest mistake.
  • Criminal law — Aggravated robbery — Identification/recognition evidence — Requirement to exclude honest mistake — Benefit of doubt — Conviction unsafe and quashed.
13 June 1989
Christopher Mbewe and Ors v People (Appeal Nos 94 to 97/ 1987) [1989] ZMSC 132 (13 June 1989)
Group possession of stolen property does not automatically convict each accused absent positive individual identification.
  • Criminal law — aggravated robbery — identification evidence — possession of stolen property — group presence insufficient to convict absent individual identification — presumption of innocence — circumstantial evidence.
13 June 1989
Collins Silungwe v People (Appeal no. 97 of 1989) [1989] ZMSC 135 (13 June 1989)
Aggravated robbery conviction and eighteen-year sentence upheld where appellant was identified and violence was overwhelming.
  • Criminal law — Aggravated robbery — Identification at scene — Violent gang conduct elevating theft to aggravated robbery — Sentence for gang-related violent robbery.
13 June 1989
Fanny Muliango and Anor v Namdou Magasa and Anor (SCZ/8/96/88; SCZ JUDGMENT NO. 26 OF 1989) [1989] ZMSC 138 (8 June 1989)
Whether a late-filed defence discloses a defence warranting setting aside a default judgment and the admissibility of related criminal admissions.
  • Civil procedure — setting aside default judgment — late-filed defence disclosing contributory negligence — admissibility of criminal conviction/admission in civil proceedings — consent to assessment of quantum not consent to judgment — discretion to hear out-of-time appeal.
8 June 1989
Muliango & Another v Magasa & Another (S.C.Z. Judgment 26 of 1989) [1989] ZMSC 19 (7 June 1989)
Consent to damages assessment does not equal consent to judgment; a genuine defence merits trial.
  • Civil procedure — setting aside default judgment — bona fide defence (contributory negligence) warrants trial; consent to assessment of damages ≠ consent to judgment; criminal conviction inadmissible in civil proceedings; leave to appeal out of time within court's discretion
7 June 1989