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Supreme Court of Zambia - 1994 November

3 judgments
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3 judgments
November 1994
Zambia National Holdings Limited & Another V Attorney-General (S.C.Z. Judgment 3 of 1994) [1994] ZMSC 30 (30 November 1994)
High Court’s "unlimited" jurisdiction is subject to statutory procedural and substantive limits; Lands Acquisition Act upheld.
  • Constitutional law — High Court "unlimited jurisdiction" — scope and limits; State Proceedings Act s.16 — injunctive relief against the State; Statutory instruments — coming into force, retroactivity, Article 80 and Cap.2; Lands Acquisition Act — compliance with Article 16(1) (adequate compensation/referral to court); presidential powers to amend laws (s.6 transitional adaptations); bad faith and undue influence in compulsory acquisition; offset/recovery of government grants in compensation assessment; condition precedent in s.11(4)
30 November 1994
Zambia Electricity Supply Corporation Limited v Meka (S.C.Z. Judgment 7 of 1994) [1994] ZMSC 29 (28 November 1994)
Awarding interest on a debt is discretionary and requires consideration of the parties' conduct before summary judgment.
  • Interest on debt — discretionary award under Law Reform Act — interlocutory assessment in summary proceedings — court must consider parties’ conduct — triable issues v. summary judgment
28 November 1994
Namangolwa v People (SCZ 9 1 of 1993) [1994] ZMSC 151 (1 November 1994)
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.
1 November 1994