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Supreme Court of Zambia - 1992 August

3 judgments
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3 judgments
August 1992
Bruno Simabisi v The people (11 of 1992) [1992] ZMSC 10 (28 August 1992)
A driver who knows or ought to know of dangerously defective tyres is at fault if a resulting skid causes death.
  • Causing death by dangerous driving — skid due to defective tyres — driver’s duty to inspect and report defects or drive cautiously — once skid accepted prosecution must prove driver’s fault — trial misdirection on facts
28 August 1992
Zambia Electricity Supply Corporation Limited v Redlines Haulage Limited (10 of 1992) [1992] ZMSC 9 (28 August 1992)
Res ipsa loquitur applied; defendant failed to rebut negligence for an unsecured tank causing the collision.
  • Negligence — road obstruction by detached trailer load; res ipsa loquitur shifts burden to defendant; Act of God/inevitable accident defence; burden of proof for latent defect; pleadings vs. unobjected evidence on negligence and loss of business
28 August 1992
Fofana & Another v People (S.C.Z. Judgment 8 of 1992) [1992] ZMSC 95 (24 August 1992)
Aggravating factors, including trafficking and transient status, justified denying the appellant the option of a fine and imposing custody.
  • Sentence — custodial term without option of fine justified where aggravating circumstances (trafficking, importation, concealment) exist; Dangerous Drugs Act s.19A engaged; aggravating facts need not be pleaded in particulars; fines may be ineffective for transient offenders
24 August 1992