Results.
134 judgments found.
|
|
|
| August 1993 |
|
|
Court dismissed challenge to ministerial appointments, holding morality-based disqualification cannot be read into the Constitution; review limited to express provisions.
-
Constitutional law — Presidential appointments — Article 44(1) (dignity and leadership) — Judicial review of executive discretion — Moral unsuitability not an implied constitutional disqualification — Tribunal report not equivalent to criminal conviction — Declaratory relief requires interested parties to be joined — Locus standi to bring constitutional claims.
|
31 August 1993 |
|
General order 179 grants discretionary ex gratia authority, not a contractual right to government-funded overseas medical treatment.
-
Employment contract — Conditions of service — General Order 179 — Discretionary ex gratia power to authorise overseas specialist treatment — 'May' denotes no contractual entitlement — Prior formal authorisation required for reimbursement
|
30 August 1993 |
|
General Order permitting overseas medical treatment is discretionary; no reimbursement without prior governmental authorisation.
-
Employment law; General Orders as contractual terms; interpretation of discretionary language ("may", "exceptional circumstances"); requirement of prior authorisation for overseas medical expenses; ex gratia payments; no automatic entitlement to reimbursement
|
30 August 1993 |
|
A third‑party custodian not party to custody arrangements cannot be held in contempt where an appeal is pending.
-
Contempt of court — custody of seized property pending appeal — liability of third‑party custodian not party to custody arrangements — pending appeal precluding contempt finding.
|
26 August 1993 |
|
Contradictory timelines, an uncorroborated interested witness, and no evidence linking the accused to the weapon required acquittal.
-
Criminal law — murder — contradictions in witness timelines; interested (possibly biased) witness requiring corroboration; insufficiency of evidence linking accused to weapon; misdirection on case to answer.
|
24 August 1993 |
|
Conviction for murder upheld; death sentence set aside and replaced by 15 years' imprisonment due to witchcraft-belief mitigation.
-
Criminal law — murder — credibility of eyewitnesses — causation without post-mortem — self-defence and provocation not established — mitigation: belief in witchcraft under Section 201 of Act 3 of 1990 — substitution of death sentence.
|
24 August 1993 |
|
Absence of an identification parade does not invalidate identification where complainant had ample opportunity and recovery of stolen property corroborates.
-
Criminal law — Aggravated robbery — Identification evidence — Absence of identification parade — Immediate identification and contemporaneous possession of stolen property as corroboration — Sentence severity — 18 years imprisonment with hard labour upheld.
|
24 August 1993 |
|
Compound interest on damages is prohibited by statute; injured party awarded higher reconstruction damages with 14% simple interest.
-
Property law — damages for vandalised mortgaged property; statutory prohibition on compound interest (Law Reform (Misc.) Act Cap. 74); interest on judgments — simple interest appropriate; limits on a registrar’s power to amend/review own assessment
|
19 August 1993 |
|
Where a landlord proves a statutory ground to oppose a new tenancy, granting a two‑year tenancy defeats the statute; s.11(2) is properly construed as a five‑year rule.
-
Landlord and tenant law — Landlord and Tenant (Business Premises) Act (Cap 440) — Section 11(1)(f) and (g) — Section 11(2) five‑year rule — security of tenure — proper remedy where landlord succeeds in opposing grant of new tenancy — setting rent consistent with valuation — costs follow event.
|
5 August 1993 |
| July 1993 |
|
|
A kwacha loan may validly be converted to a forex loan if supported by consideration; enforcement uses the exchange rate at the date of execution.
-
Contract law — conversion of a local-currency loan to foreign currency — consideration and enforceability; exchange control — when fresh approval is required; foreign-currency judgments — enforcement rate of exchange; instalment orders — requirement of sufficient cause and examination on oath
|
29 July 1993 |
|
An injunction protecting alleged tenancy was discharged where the respondent lacked a tenancy agreement and legal standing.
-
Injunctions — tenancy claims — standing to occupy — misdescription of premises — ex parte interim injunction and return date — foreign citizen’s capacity to acquire land.
|
22 July 1993 |
| June 1993 |
|
|
An applicant seeking an injunction over land must prima facie show eligibility for statutory exemption before restraining transfer to a non‑Zambian.
-
Land law — alienation to non‑Zambians — s.13A (Conversion of Titles) — exemptions under s.13A(2) — interim injunction — requirement to show prima facie eligibility — no presumption of exemption for specific performance.
|
24 June 1993 |
|
An interim injunction to protect a non‑Zambian purchaser requires proof of eligibility for statutory exemption under s.13A(2).
-
Injunctions — interim relief granted only on a good and arguable claim; Lands (Conversion of Titles) Act s.13A — prohibition on land transfers to non‑Zambians; necessity to plead or prove statutory exemption (e.g., investor approval); presumption of legal intent cannot substitute for proof of eligibility under s.13A(2)
|
23 June 1993 |
|
A default judgment will not be set aside where the defendant fails to show a bona fide triable issue.
-
Civil procedure — Default judgment — Setting aside — Requirement that a bona fide triable issue be disclosed — Allegation of fraud — Delay and conduct undermining bona fides — Sufficiency of documentary evidence (acknowledgement letters, receipts) and disputed signatures
|
17 June 1993 |
|
Default judgment will only be set aside if a bona fide triable issue is shown; mere uncorroborated allegations of fraud are insufficient.
-
Civil procedure — setting aside default judgment — triable issue required — bona fides of defendant relevant but not decisive — allegations of fraud must be supported by prima facie evidence; signature discrepancies, delayed acknowledgements and receipt format insufficient without corroboration
|
14 June 1993 |
|
Single-witness identification upheld as reliable; Turnbull warning unnecessary; conviction affirmed.
-
Criminal law — Identification evidence — Single eyewitness identification — Turnbull warning not required unless real possibility of mistaken identity — Opportunity to observe — Alibi discredited.
|
13 June 1993 |
|
An employer may not invoke early-retirement Rule 3.4.3(C) without evidence of premature ageing and inability to perform duties.
-
Employment law — Early retirement under collective conditions — Rule 3.4.3(C) — Employer discretion requires evidential basis of premature ageing and inability to perform duties — Protection against arbitrary termination.
|
9 June 1993 |
|
The appellant's challenge to a 15-year manslaughter sentence imposed during a robbery was dismissed as not excessive.
-
Criminal law — Manslaughter in the course of robbery — Sentencing — Judge’s reference to aggravated robbery — Mischaracterisation of charge — Appellate review of sentence — Whether sentence excessive.
|
8 June 1993 |
|
Conviction upheld on possession evidence; mandatory sentence set aside and substituted with reformatory placement due to juvenile status.
-
Criminal law — armed robbery — identification evidence and possession of victims’ property as proof of participation — sentencing — juvenile offender — mandatory sentence set aside in favour of rehabilitative order on welfare report.
|
8 June 1993 |
|
Insufficient evidence linking appellant’s firearm to the robbery reduces firearm aggravated robbery to simple aggravated robbery.
-
Criminal law — Aggravated robbery — Identification of firearm — Requirement to link seized weapon to weapon used — Circumstantial evidence and corroboration — Treatment of interested witnesses — Failure to prosecute implicated third party not necessarily fatal — Sentencing: substitution where aggravated element unproven.
|
8 June 1993 |
|
Identification and recovery evidence upheld conviction; non‑Zambian plaintiff must show statutory exemption to obtain injunction preventing sale or parting with possession.
-
Criminal law — Identification evidence — opportunity, in‑house observation and subsequent identification at police station; recovery of stolen property and leading police strengthens identification — conviction and heavy sentence upheld where thieves used police/army uniforms. Civil procedure/land law — Interim injunctions — non‑Zambian purchasers barred by s.13A Land (Conversion of Titles) Act unless eligibility for statutory exemption shown; plaintiff must establish good arguable case of exemption to restrain vendor from parting with possession
|
8 June 1993 |
|
The appellant’s 20-year murder sentence was reduced to 10 years due to mitigating cultural beliefs and surrender to police.
-
Criminal law — murder — sentencing — excessive sentence — mitigation — cultural belief in witchcraft — surrender to police — appellate interference and substitution of sentence.
|
8 June 1993 |
|
Insufficient proof that the seized firearm was the robbery weapon; death sentence quashed and substituted with 25 years' imprisonment.
-
Criminal law — aggravated robbery — circumstantial and corroborative evidence — identification of firearm — insufficient linkage between seized weapon and robbery weapon — commutation of death sentence to lengthy imprisonment.
|
2 June 1993 |
| May 1993 |
|
|
Appeal against alleged cumulative ten-year sentence dismissed where record showed only one five-year sentence.
-
Criminal law — Stock theft — sentence of five years with hard labour — alleged consecutive sentences producing ten-year term — record confined to single count — appeal dismissed for lack of merit.
|
18 May 1993 |
| April 1993 |
|
|
Convictions upheld on circumstantial evidence and messenger confessions; juvenile's death sentence commuted to detention at pleasure.
-
Criminal law — Murder — Admissibility of confessions — voluntariness; confessions to police distinguished from confessions to messengers; circumstantial evidence sufficiency; juvenile offender — death sentence commuted to detention at pleasure.
|
22 April 1993 |
|
Appellate court upheld custodial sentence for multiple deaths by dangerous driving despite appellant being a first offender and bereaved father.
-
Criminal law — Dangerous driving causing death — Sentencing — Aggravating circumstances outweighing first-offender status — Custodial sentence upheld; bail cancelled.
|
21 April 1993 |
|
Appeal against aggravated robbery conviction dismissed; sentence increased from 15 to 20 years due to serious violence.
-
Criminal law — aggravated robbery — identification and recent possession — credibility of police witnesses — insufficiency of absence of fingerprints — sentencing above mandatory minimum for violent robbery.
|
20 April 1993 |
|
Appellant’s conviction upheld on police apprehension evidence; sentence increased from 15 to 20 years due to serious violence.
-
Criminal law — Aggravated robbery — identification and eyewitness credibility — police pursuit and apprehension — sufficiency of evidence; Sentence — mandatory minimum increased due to serious violence and injuries to victim.
|
20 April 1993 |
|
Identification and corroboration by recovered stolen property upheld conviction for aggravated robbery; appeal dismissed.
-
Criminal law — Aggravated robbery — Identification evidence — Alibi — Corroboration by recovery and sale of stolen vehicle part — Mandatory sentence.
|
20 April 1993 |
|
Identification upheld on multiple observation opportunities and corroboration; appeal against aggravated robbery conviction dismissed.
-
Criminal law — Aggravated robbery — Identification evidence and opportunity to observe — Corroboration by recovered property — Alibi rejected — Mandatory 15-year sentence.
|
20 April 1993 |
|
Appellant's conduct lacked malice aforethought; murder conviction substituted for manslaughter and sentence reduced to 18 months.
-
Criminal law — Murder v
-
Manslaughter — Malice aforethought — Whether evidence supports intent to kill — Appellate substitution of conviction and reduction of sentence — Consideration of absence of weapon and prior punishment in sentencing
|
20 April 1993 |
|
Fatal assault lacked malice aforethought; murder conviction reduced to manslaughter and sentence reduced to 18 months' imprisonment.
-
Criminal law — murder v. manslaughter — absence of malice aforethought; factual assault causing death; substitution of conviction; sentence review and reduction.
|
20 April 1993 |
|
Appeal against aggravated robbery conviction dismissed; trial court properly accepted eyewitness identification despite handcuffs.
-
Criminal law — aggravated robbery — eyewitness identification — reliability of identification despite handcuffs — corroborative post-incident conduct — appellate review of credibility findings.
|
20 April 1993 |
|
Identification evidence upheld for three appellants; fourth appellant's conviction quashed due to reasonable doubt about involvement.
-
Criminal law — Aggravated robbery — Identification evidence and identification parade irregularities — Caution where complainant saw suspect before parade — Corroboration by other witnesses and recovered property — Conspiracy: burden to prove involvement — Benefit of doubt when prosecution fails to rebut alternative account.
|
18 April 1993 |
|
Registered title entitles the respondent to injunctive protection pending resolution of competing claims to the land.
-
Property law — Interim injunction — Registered Certificate of Title prima facie proof of indefeasible ownership — Specific performance and priority — Possession/cultivation versus title — Delay and failure to execute assignment — Ambiguity in land description.
|
7 April 1993 |
|
Court upheld seven-year sentence for manslaughter of appellant's young daughter, finding alleged provocation not mitigating.
-
Criminal law — Manslaughter — Sentencing — Fatal physical assault on a young child — Alleged provocation by child not mitigating — Seven-year sentence with hard labour upheld.
|
6 April 1993 |
|
Appeal against a nine-year manslaughter sentence dismissed; provocation and remorse insufficient to mitigate weapon-related offence.
-
Criminal law — Manslaughter — Appeal against sentence — Provocation and remorse as mitigation — Use of a dangerous weapon as aggravating factor — Sentence of nine years with hard labour not excessive.
|
6 April 1993 |
|
Circumstantial evidence including recovery of stolen property and an admission upheld conviction and 20-year sentence for aggravated robbery.
-
Criminal law — Aggravated robbery — Identification issues where assailant masked — Circumstantial evidence: recovery of property and alleged admission — Failure to call witnesses — Sentence review.
|
6 April 1993 |
|
A burning victim's spontaneous statements admissible as res gestae, and circumstantial evidence upheld the conviction.
-
Evidence — Res gestae — spontaneity of injured person’s statement; hearsay exception — admissibility despite response to questions or short delay; voluntariness of confession; sufficiency of circumstantial evidence
|
5 April 1993 |
| March 1993 |
|
|
Documentary correspondence can displace oral claims of employment benefits; loan found and judgment for unpaid balances upheld.
-
Contract of employment — alleged employment benefits (free house and medical treatment) — credibility assessment based on documentary evidence — existence of loan between employee and employer via sister company — standing to sue — valuation of construction defects; appointment of Government Valuation Officer if no agreement.
|
25 March 1993 |
|
Damages for a written-off vehicle are measured by its value at loss; interest may be awarded from the accident date.
-
Damages for chattel loss — measure is value at time of loss; impecuniosity and mitigation; replacement cost not awarded without evidence; court may award interest even if not pleaded; interest running from date of loss.
|
23 March 1993 |
|
|
23 March 1993 |
|
Chattel damages are assessed by value at loss; interest may be awarded despite omission but proper remedy is review or appeal.
-
Damages — Measure for loss of chattel: value at time of loss vs replacement cost; Interest — Court's power to award interest despite omission in pleadings or judgment; Procedure — omission to award interest should be remedied by review or appeal, not by registrar assessment
|
22 March 1993 |
|
Appeal dismissed: court found injunctive relief inappropriate and held the adequacy of damages irrelevant.
-
Equity — Injunction — Discretionary nature of injunctive relief; adequacy of damages and appropriateness of injunction — Appeal dismissed.
|
18 March 1993 |
|
Whether an inquest bars prosecution and whether the High Court may grant bail in murder or treason cases.
-
Inquest Act (s6 & s7) — stay of inquest pending criminal proceedings; exhumation; DPP prosecutorial discretion; Criminal Procedure Code s123(1) & (3) — bail: High Court power to grant bail in murder/treason cases; subordinate courts barred from granting such bail; reference under Article 20(2); per incuriam and stare decisis.
|
17 March 1993 |
|
High Court may grant bail in murder or treason cases (s.123(3)); inquests are generally stayed pending criminal proceedings (Inquest Act s.6).
-
Inquest Act ss.6–7 — adjournment/stay of inquests pending criminal proceedings; Coroner’s exhumation powers; DPP’s prosecutorial discretion subject to statutory law; Criminal Procedure Code s.123(1) & (3) — High Court power to grant bail in murder/treason cases; subordinate courts barred; prior authority per incuriam.
|
17 March 1993 |
|
An injunction was refused where written consent to direct rent payments did not create a direct lease; appeal dismissed.
-
Property/tenancy — injunction — whether consent to direct payment of rent creates direct lease — adequacy of damages as alternative remedy.
|
13 March 1993 |
|
Court affirmed convictions and seven-year sentences for principal stock thieves, quashed convictions of mere spectators, and modified a public-servant theft sentence.
-
Criminal law — stock theft — distinguishing active participants from mere spectators; Appeal — sufficiency of evidence for conviction; Sentencing — confirmation of custodial terms and setting aside corporal punishment; Judicial impartiality — recusal and reasonable apprehension of bias; Right to legal representation — effect on fairness of trial; Theft by public servant — characterization of property and sentencing discretion.
|
3 March 1993 |
|
Whether the respondent lawfully imposed conditions on issuing the applicant a practising certificate under Section 37.
-
Legal Practitioners Act s.37(2) — Chief Justice supervisory jurisdiction — power to issue practising certificates on terms; Delegation of condition-setting to Law Association; Conditions for restoration after receiving order; Clients' funds accounting — s.69(3) and Third Schedule; Tax clearance requirement.
|
3 March 1993 |
|
Appellant's conviction for vehicle theft upheld; corporal punishment quashed and seven-year imprisonment sustained.
-
Criminal law — Theft of motor vehicle — Identification and eyewitness evidence — Credibility of witnesses; Sentencing — Committal for sentence where subordinate court lacks jurisdiction; Corporal punishment — Appropriateness and quashing of caning order.
|
3 March 1993 |