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Supreme Court of Zambia - 1991 January

5 judgments
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5 judgments
January 1991
Giraffe Bus Services Ltd v Mwandemwa (Appeal 43 of 1990) [1991] ZMSC 52 (31 January 1991)
A default judgment entered without hearing a defendant’s vital witness should be set aside for rehearing.
  • Civil procedure — Default judgment — Order 35 Rule 3 and Rule 5 — Setting aside judgment for good cause where defence prevented from being heard — Adjournment and counsel absence — Pleaded defence of forgery.
31 January 1991
Chisopa v The People (APPEAL NO/134/1985) [1991] ZMSC 70 (29 January 1991)
Appellant’s murder conviction reduced to manslaughter; provocation and self-defence not established.
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29 January 1991
Director of Public Prosecutions v Banda and Anors (Appeal 79 of 1989) [1991] ZMSC 44 (22 January 1991)
A court may not thwart the DPP’s constitutional power to enter a nolle prosequi; the resulting acquittal was quashed and nolle recorded.
  • Criminal law — Nolle prosequi — Constitutional power of DPP to discontinue prosecutions — Limits on judicial interference; Criminal procedure — Adjournment discretion — Proper exercise and inquiry; Effect of judicial refusal to accept nolle — Acquittal nullity.
22 January 1991
Mwamba and 4 ors v The People (SCZ Appeal No. 40 of 1990) [1991] ZMSC 68 (9 January 1991)
Appellant's appeals against manslaughter conviction and four-year sentence dismissed; eyewitness credibility and causation upheld.
  • Criminal law — Manslaughter — Assault causing death by septic infection — Credibility and bias of prosecution witness — Accused's right to silence — Sentence proportionality for violent conduct.
9 January 1991
Director of Public Prosecution v Banda and Ors (Appeal 112 of 1990) [1991] ZMSC 26 (8 January 1991)
Trial judge erred in acquitting without evidence where doubts arose from plea facts; acquittal quashed and retrial directed.
  • Criminal procedure — plea of guilty — where plea facts generate doubt record plea of not guilty and proceed to trial; cause of death — medical evidence not exclusive; improper acquittal; retrial ordered.
8 January 1991