Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 1994 December

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
December 1994
Zambia National Holdings Limtied & Another v Attorney-General (S.C.Z. Judgment 3 of 1994) [1994] ZMSC 102 (31 December 1994)
High Court's 'unlimited' jurisdiction is subject to statutory procedural limits; acquisition law complies with Article 16(1).
  • Constitutional and administrative law — High Court 'unlimited jurisdiction' — limits imposed by statutory procedure (State Proceedings Act s.16) — Lands Acquisition Act and Article 16(1) (adequate compensation) — validity and effect of statutory instruments — retrospective effect as to procedure — burden to prove bad faith — public grants, undue influence and deduction from compensation — s.11(4) condition precedent and postponement of compensation
31 December 1994
Elipidius Mporokoso v Godfrey Gabriel Sikazwe (SCZ APPEAL NO. 26 OF 1992) [1994] ZMSC 174 (28 December 1994)
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non‑completion after State consent amounted to repudiation and whether the seller’s cancellation letter validly rescinded the contract.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.
28 December 1994
Ndola City Council v Mwansa (S.C.Z. Judgment 15 of 1994) [1994] ZMSC 131 (7 December 1994)
An appeal against the Local Government Service Commission does not automatically stay its reinstatement order; a discretionary stay must be sought.
  • Administrative law — Local Government Service Commission decisions — Effect of appeal — Whether appeal operates as stay of execution — Stays pending appeal discretionary under tribunal appeal rules; employment reinstatement orders and enforcement
7 December 1994
Nkandu v People (Appeal 62 of 1994) [1994] ZMSC 142 (6 December 1994)
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.
6 December 1994