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Supreme Court of Zambia - 1990 June

4 judgments
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4 judgments
June 1990
Mwenya v People (S.C.Z. Judgment 5 of 1990) [1990] ZMSC 13 (18 June 1990)
Conviction unsafe where key prosecution witnesses had interests and lacked independent corroboration; mutual corroboration inadequate.
  • Criminal law — Corroboration — Witnesses with interest to serve (failure to report; detention) — Mutual corroboration of suspect witnesses only where independent evidence of separate incidents or circumstances exclude joint fabrication — Lack of independent corroboration renders conviction unsafe
18 June 1990
Sekele v People (S.C.Z. Judgment 4 of 1990) [1990] ZMSC 11 (17 June 1990)
Supreme Court lacks jurisdiction to grant bail absent a properly lodged appeal to the Supreme Court under sections 12 or 14.
  • Criminal procedure — Bail — Jurisdiction of Supreme Court — Order 27 of Rules of the Supreme Court — Supreme Court Act ss.12, 14 and 22 — Appeal prerequisite for granting bail — Prior decisions per incuriam
17 June 1990
Friday Peter Malwa v Rabecca Kabosha Malwa (APPEAL NO. 21 OF 1988) [1990] ZMSC 25 (15 June 1990)
Court refused late filing of answer; delay self‑inflicted, counsel’s affidavit inadequate, appeal dismissed with costs.
  • Civil procedure — extension of time — application to file answer out of time — need for satisfactory explanation and absence of self‑inflicted delay; admissibility and weight of affidavits sworn by counsel; public policy against reopening finalized divorce proceedings.
15 June 1990
Lusaka West Development Company Limited & Others v Turnkey Properties Limited (S.C.Z. Judgment 1 of 1990) [1990] ZMSC 10 (4 June 1990)
Consent judgment upheld; without prejudice letters unnecessary and counsel's ostensible authority bound the appellant.
  • Civil procedure — Settlement by consent — 'Without prejudice' negotiations generally inadmissible but sometimes producible; counsel's actual and ostensible authority to bind client; consent judgments not lightly withdrawn absent fraud or mistake
4 June 1990