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Supreme Court of Zambia - 1991 December

3 judgments
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3 judgments
December 1991
Shire Transport Limited v The Attorney General (SCZ APPEAL NO. 24 of 1991) [1991] ZMSC 54 (4 December 1991)
Court restrained removal of a vehicle pending trial where foreign seizure request lacked supporting evidence.
  • Civil procedure — Preservation of property — Order 27, Rule 3 — Interim injunction to prevent removal of property pending trial — Foreign seizure/Interpol request insufficient without evidence of foreign proceedings or judgment.
4 December 1991
Phiri v People (Appeal 36 of 1991) [1991] ZMSC 38 (3 December 1991)
Identification by mutual recognition and corroboration by possession of stolen property upheld; judge’s silence remark found immaterial.
  • Criminal law — identification evidence — reliability and mutual recognition; possession of stolen property as corroboration; adverse inference from accused’s silence; appellate review of misdirection.
3 December 1991
Young v Young (Appeal 53 of 1987) [1991] ZMSC 39 (3 December 1991)
Proven refusal to live together and financial mismanagement can establish irretrievable breakdown; lengthy postponement of decree nisi was unjustified.
  • Family law — Divorce — Decree nisi — Irretrievable breakdown — Unreasonable behaviour — Refusal to live with spouse — Financial mismanagement — Judicial discretion in postponing decree for reconciliation.
3 December 1991