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Citation
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Judgment date
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| December 1994 |
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High Court’s unlimited jurisdiction is subject to statutory limits; Lands Acquisition Act complied with Article 16(1); no proven bad faith; costs split.
Constitutional and administrative law – High Court "unlimited jurisdiction" – limits by statute on injunctive relief against the State – s.16(1)(i) upheld; Land acquisition – Article 16(1) – adequacy of compensation and recourse to court; Statutory instruments – operation, publication and retrospective effect (Cap.2, Art.80); Presidential exercise of acquisition powers – bad faith, undue influence, and treatment of government grants in compensation assessment; s.11(4) Lands Acquisition Act – conditions precedent for possession.
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31 December 1994 |
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Whether a purchaser’s non‑completion after State consent amounted to repudiation and whether the seller’s cancellation letter validly rescinded the contract.
Contract law — Sale of land — Condition precedent: State’s consent to assignment — Notice to complete and rescission for repudiation — Effect of tender of purchase price; entitlement to specific performance or possession/mesne profits.
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28 December 1994 |
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An appeal against a tribunal decision does not automatically stay the decision; a stay must be sought and is discretionary.
Administrative law — Local Government Service Commission decisions — Effect of "subject to an appeal" — Appeal does not automatically stay execution; stay must be applied for and is discretionary — High Court enforcement of tribunal reinstatement orders.
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7 December 1994 |
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Appeal dismissed: complainant's contemporaneous identification after ample observation upheld as reliable.
Criminal law — Aggravated robbery — Identification evidence and recognition — Opportunity to observe — Reliance on police statements not put to witness — Absence of incriminating items on accused — Appeal against conviction dismissed.
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6 December 1994 |
| November 1994 |
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High Court’s "unlimited" jurisdiction is subject to laws regulating procedure; Lands Acquisition Act consistent with constitutional compensation requirements.
Constitutional jurisdiction; Article 94 unlimited jurisdiction construed; State Proceedings Act s.16 and injunctive relief; Lands Acquisition Act and Article 16(1) (adequate compensation); validity and retrospective effect of statutory instruments (Cap.2, Art.80); bad faith, undue influence and recovery of public grants; s.11(4) proviso on tender of compensation.
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30 November 1994 |
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Discretion to award interest requires consideration of parties' conduct; triable issues precluded summary interest order.
Interest on debt – discretionary award – court must consider parties' conduct – summary judgment versus triable issues – tender/sale dispute.
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28 November 1994 |
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Conditional verbal threats causing alarm are actionable; accomplice testimony requires independent corroboration, so the witchcraft conviction was quashed.
Criminal law – Threats (s.90 Penal Code) – Conditional verbal threats causing alarm – Right to counsel/adjournment – Accomplice evidence requires independent corroboration – Witchcraft offences.
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1 November 1994 |
| October 1994 |
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Whether the appellant was a Zambian citizen and whether the Deputy Minister’s deportation warrant was valid.
Immigration and deportation — citizenship by birth or parentage under transitional provisions — burden of proof and credibility — validity of deportation warrant signed by Deputy Minister — statelessness and established resident status.
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24 October 1994 |
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An appellant cannot raise a recusal complaint on appeal if that issue was not first raised in the lower court; appeal dismissed with costs.
Deportation — extension of stay — refusal to extend — recusal/bias allegation raised for first time on appeal — issue not entertained — representations under Immigration and Deportation Act s.24 — judicial restraint vs executive responsibility.
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19 October 1994 |
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Payment given as appreciation, not proved to be corrupt gratification; conviction under Corrupt Practices Act quashed.
Corrupt Practice Act s25(1) — element of corrupt intent — mere payment not an offence per se — must be shown to be an inducement or reward; accomplice testimony and marked notes insufficient without proof of corrupt motive.
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18 October 1994 |
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Appeal allowed — trial misdirection about an alleged confession and evidential deficiencies rendered the conviction and death sentence unsafe.
Criminal law — admissibility of confession — adequacy of trial judge's direction on alleged confession and inducement; Identification and possession evidence — recovery of stolen motor vehicle shortly after robbery as circumstantial link; Safety of conviction and death sentence.
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18 October 1994 |
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Conviction upheld on circumstantial evidence and recent possession despite contested confession and no fingerprint evidence.
Criminal law – murder and aggravated robbery – admissibility of confession after delay and alleged inducement – trial within trial – fingerprint evidence and duty to lift prints – circumstantial evidence and doctrine of recent possession – appeal against conviction.
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18 October 1994 |
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Six‑month military sentences found excessive and suspended for 24 months given mitigating circumstances.
Defence Act offences – disgraceful conduct, disobedience, drunkenness, insubordination – sentencing appeal – mitigation (first offenders, compensation) – custodial sentence excessive and suspended.
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18 October 1994 |
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Appellate court quashed acquittal based on inadmissible cautioned statements and entered conviction with 15-year sentence.
Criminal law – aggravated robbery – admissibility of warned and cautioned statements – improper reliance on excluded or unled statements – appellate courts may quash acquittal and substitute conviction where evidence is overwhelming.
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4 October 1994 |
| September 1994 |
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Appeal allowed: nullification of transfer and nominal damages set aside where relief was unpleaded and award misdirected.
Administrative law – transfer of public servant – mala fides – relief not pleaded – inadmissibility of post-litigation evidence to prove mala fides – nominal damages awarded only upon successful cause of action.
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29 September 1994 |
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Appeal allowed; trial judge erred by making no order due to illegality—case remitted to resolve contract existence and specific performance.
Contract law – illegality and its consequences – whether trial judge may decline to make any order because of illegality; application for leave to issue writ of possession; existence of contract despite illegal performance clause; specific performance (deed of assignment); remittal for retrial.
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27 September 1994 |
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Failure to plead special damages does not bar recovery if respondent had notice, but substantial special damages require satisfactory proof.
Assessment of damages – Special damages must ordinarily be pleaded with particulars – lack of particulars may be excused if respondent had notice and was not prejudiced – substantial special damages require satisfactory documentary proof (copies acceptable if originals missing) – continuing pain and disability to be compensated by a global award for general damages, not fixed periodic payments.
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26 September 1994 |
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Where limitation under s.115 was raised before evidence the trial court should have struck out the action; appeal allowed and costs awarded.
Civil procedure – statutory limitation – whether action barred under s.115 TZRA Act – striking out pleadings when limitation raised before evidence; Appeal heard in absence of respondent under Rule 71(1)(b); Interlocutory relief – continuation/dissolution of injunction where Deputy Registrar has given summary judgment; Procedural irregularity – duty to place material before trial judge; costs following successful appeal.
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20 September 1994 |
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Police officer’s inconsistent miscount defence rejected; corroborated evidence established theft and appeal dismissed.
Criminal law – Theft by public servant – Evidence and corroboration – Credibility of accused’s inconsistent statements – Miscounting defence examined and rejected.
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8 September 1994 |
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Whether an uncommenced statutory right of appeal survives repeal and whether a later Act applies retrospectively; extension granted for appeal against damages assessment.
Appeal procedure — failure to bring appeals provision into operation — unaccrued rights lapse on repeal — non-retrospectivity of statute — assessment of damages governed by later Act — leave to appeal out of time granted.
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6 September 1994 |
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Out‑of‑time appeal allowed and an excessive 36‑year aggravated robbery sentence reduced to 20 years.
Criminal law – Aggravated robbery – Sentence – Excessive sentence – Appeal out of time – Substitution of sentence – Hard labour.
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6 September 1994 |
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Failure to serve and cite the Attorney General as required by statute rendered judicial criticisms unjustified; appeal allowed.
State Proceedings Act — service on State — necessity to cite and serve Attorney General (s.12) — proof of service (s.13) — review of judgment containing unjustified derogatory remarks — procedural requirements for originating proceedings against government departments.
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1 September 1994 |
| August 1994 |
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A successful plaintiff may recover interest under Cap 74 without pleading and is ordinarily entitled to costs.
Tort — Assault and battery; damages — entitlement to interest under Law Reform (Miscellaneous Provisions) Act Cap 74 without specific pleading; costs — successful plaintiff ordinarily entitled to costs unless misconduct or special circumstances; English procedural amendments (Supreme Court Act 1981/Order 13 rule) not applicable in Zambia.
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25 August 1994 |
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Material contradictions in witness evidence and poor investigation led to quashing an aggravated robbery conviction and substituting store-breaking.
Criminal law - Aggravated robbery - Sufficiency and consistency of witness testimony - Effect of material contradictions on credibility; Criminal procedure - Charging decisions and police investigation affecting proof of offence; Appeal - Substitution of conviction for a lesser offence.
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23 August 1994 |
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Appeal allowed: convictions based solely on improperly admitted confessions obtained under alleged duress were quashed.
Criminal law – admissibility of confessions – voluntariness and duress – trial within a trial – duty to give reasons – medical evidence of injuries supporting allegations of beating – convictions unsafe where they rest solely on improperly admitted confessions.
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23 August 1994 |
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Contradictory witness evidence and poor police handling meant aggravated robbery was not proved; conviction substituted to store breaking.
Criminal law — sufficiency of evidence for aggravated robbery — witness contradictions and police misclassification — substitution of lesser conviction (store breaking).
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23 August 1994 |
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Driver’s failure to stop at a road block supported inference of knowledge making him jointly liable for illegal trophy.
Criminal law — Unlawful possession of prescribed trophy — Joint possession by driver of vehicle — Knowledge inferred from driving past road block — Misdirection as to ownership of container — Proviso applied.
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18 August 1994 |
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9 August 1994 |
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9 August 1994 |
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Section 137 permits direct insurer claims only for death/bodily injury; property-damage claims may be barred by policy breaches.
Road traffic – Section 137, direct claim against insurer – Construction of "for the purposes of this Part" – Part IX compulsory insurance limited to death/bodily injury (s135) – Section 138 inapplicable to property-damage-only claims – breach of policy condition effective to bar property-damage claims.
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2 August 1994 |
| July 1994 |
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"Social status" in s.108 means societal standing, not job rank; dismissal for manipulating tenders was not discriminatory, appeal dismissed.
Employment law – Termination – Reinstatement – When inappropriate where employee participated in misconduct; Discrimination under s.108 Industrial and Labour Relations Act – Meaning of "social status" is societal standing, not workplace rank; Disciplinary consequences may appropriately be harsher for senior staff; Costs discretionary.
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27 July 1994 |
| June 1994 |
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Appeal dismissed: replacement value award upheld; 15% interest to judgment, statutory 6% applies post‑judgment.
Civil damages – award of replacement value for seized property – entitlement to fair second‑hand replacement value; Interest on damages – pre‑judgment interest at awarded contractual/assessed rate (15%) upheld; post‑judgment interest governed by statute (6%) – conflict between Order 36 Cap 50 and Section 20 Cap 92 noted but not resolved.
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28 June 1994 |
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Awarding interest in summary proceedings is discretionary and requires consideration of the parties' conduct and triable issues.
Appeal; interest on debt; discretion to award interest; need to consider parties' conduct; summary judgment and triable issues; Law Reform (Miscellaneous Provisions) Act s.4; Order XIII.
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28 June 1994 |
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23 June 1994 |
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Appeal dismissed: identification by known victims was reliable and mandatory minimum sentence could not be reduced.
Criminal law – Aggravated robbery – Identification evidence and parade – Caution with single witness identification – Credibility – Mandatory minimum sentence – Appeal against conviction and sentence.
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20 June 1994 |
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Res ipsa loquitur cannot be used where negligence particulars are pleaded; voluntary acceptance of known tyre risk bars recovery.
Torts — Negligence; res ipsa loquitur inapplicable where plaintiff pleads particulars; burden of proof; volenti non fit injuria where plaintiff knowingly accepted risk; appellate review of factual findings.
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8 June 1994 |
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Whether a police superior may lawfully vary or cancel a Regulating Officer's permit for a public meeting.
Public Order Act – permit for public meeting – Regulating Officer’s discretion – police chain of command – lawful cancellation or variation of permit – freedom of speech and association – damages for wasted expenses.
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8 June 1994 |
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Conviction for aggravated robbery upheld where independent forensic and eyewitness corroboration supported an interested witness’s testimony.
Criminal law – aggravated robbery – accomplice/witness with interest – requirement for corroboration – corroboration by recovered goods and ballistic evidence – application of proviso to uphold conviction.
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7 June 1994 |
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A company is bound by contracts entered into by its authorised agents despite internal limits on their authority.
Company law – Agency and apparent authority – Contract of sale – Indoor management rule (Royal British Bank v Turquand) – Company bound by acts of authorised agents even where internal limits to authority exist.
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7 June 1994 |
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Payment in lieu of notice computed at the rate known when notice was received cannot be increased by later, back-dated pay revisions.
Employment law – payment in lieu of notice – effect of subsequent, back-dated salary increases – payment in lieu terminates contract; no fresh consideration for later pay revisions.
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6 June 1994 |
| May 1994 |
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31 May 1994 |
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A senior police officer validly varied/cancelled a students' rally permit; no breach of assembly rights and no compensation awarded.
Administrative law – Public Order Act – Police permits – Authority of Regulating Officer and chain of command – Cancellation/variation of venue – Freedom of assembly.
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31 May 1994 |
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High Court's "unlimited jurisdiction" does not render statutory bars on injunctive relief against the State unconstitutional; existing laws must be read to conform with the Constitution.
Constitutional law — scope of "unlimited jurisdiction" of High Court — limits on remedies against the State under State Proceedings Act s.16(1)(i) — construction of pre‑existing laws to conform with Constitution under s.6(1) — validity of presidential amendments of ordinary law by statutory instrument — compulsory acquisition and adequate compensation under Article 16(1).
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12 May 1994 |
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Appeal allowed where inadequate investigation and uncertain date of death undermined circumstantial case and defendant’s explanation could be reasonable.
Criminal law – circumstantial evidence; proof of date of death; adequacy of police investigation; failure to trace third‑party alibi source; reasonableness of accused’s explanation for possession of proceeds.
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3 May 1994 |
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Supreme Court lacks jurisdiction to hear interlocutory bail appeals; recusal not raised below is not reviewable on appeal; immigration stay extensions belong to the executive.
Criminal procedure – appeal jurisdiction – refusal of bail not appealable under section 32(1); Repealed statutes – rights limited to sentencing; Immigration law – extensions of stay are executive matters; Recusal – failure to raise below bars appellate review.
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3 May 1994 |
| April 1994 |
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Refusal to accept transfer and riotous conduct justified dismissal where fair disciplinary procedure and natural justice were observed.
Employment law – master and servant – dismissal – disciplinary procedure – natural justice – refusal of transfer – inference of misconduct – remedy in damages.
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19 April 1994 |
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Eyewitness identification in daylight upheld; parade report admissible where author dead; conviction for armed robbery affirmed.
Criminal law – armed robbery – identification evidence – identification parade – admissibility of police report under Evidence Act s.4 where author deceased – sufficiency of eyewitness identification – corroboration not required where identification reliable – inadequate alibi.
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18 April 1994 |
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5 April 1994 |
| March 1994 |
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29 March 1994 |
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Whether an inquest must be stayed during criminal proceedings and whether the High Court may grant bail in murder cases.
Criminal procedure – Bail – High Court jurisdiction to grant bail in murder/treason cases – Subordinate courts barred – Criminal Procedure Code s.123(1),(3); Inquest law – Inquest Act ss.6 and 7 – mandatory stay/adjournment of inquest pending criminal proceedings; Constitutional procedure – reference under art.28(2) and interlocutory appeals.
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16 March 1994 |