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Supreme Court of Zambia - 1994 May

5 judgments
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5 judgments
May 1994
Patel v Noor Properties and Investments Ltd (Appeal 12 of 1994) [1994] ZMSC 136 (31 May 1994)
31 May 1994
Zulu v Attorney General (S.C.Z. Judgment 6 of 1994) [1994] ZMSC 6 (31 May 1994)
A senior police Regulating Officer may lawfully cancel or vary a permit issued by a subordinate; no breach of assembly rights.
  • Administrative law — Police permits — Authority to issue, cancel or vary conditions — Regulating Officer and chain of command — Superior officer’s lawful instruction — Public Order / freedom of assembly
31 May 1994
Zambia National Holdings Ltd v United National Independence Party and Anor (SCZ Judgment 3 of 1994) [1994] ZMSC 148 (12 May 1994)
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).
12 May 1994
Kufwainda v People (SCZ Appeal 72 of 1993) [1994] ZMSC 164 (3 May 1994)
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.
3 May 1994
Siboli v People (SCZ 8 12 of 1994) [1994] ZMSC 157 (3 May 1994)
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  • Criminal procedure — appeal jurisdiction — refusal of bail not appealable under section 32(1); Repealed statutes — rights limited to sentencing; Immigration law — extensions of stay are executive matters; Recusal — failure to raise below bars appellate review.
3 May 1994