Results.
14 judgments found.
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| May 1996 |
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Appellant failed to prove dismissal was discrimination based on social status; evidence supported dismissal for facilitating fraudulent traveller's cheques.
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Employment law — unfair dismissal — discrimination based on social status — burden of proof on complainant — comparators and causal link — procedural fairness — dismissal for facilitating issuance of travellers cheques without required approval.
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31 May 1996 |
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31 May 1996 |
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Bank liable for converting sale proceeds after agreeing to retain dollars; prior Bank of Zambia approval was not legally required.
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22 May 1996 |
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The slip rule corrects clerical errors only and cannot be used to reopen or set aside a final judgment.
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Practice — Correction of judgments — Slip rule (order 20 / rule 78) — Clerical errors only — Not a vehicle to review or set aside final judgments — Finality of appeals — Remedy for fraud by action to set aside.
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22 May 1996 |
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Court reduces respondents' discrimination compensation to twelve months' salary and fixes deemed retirement as 2 December 1991.
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Employment law — Discrimination on political grounds — Early retirement deemed date — Quantum of damages for wrongful discrimination — Interest at average bank deposit rate — Damages non-taxable — No deduction of salary in lieu of notice.
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22 May 1996 |
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Evidence did not establish malice aforethought; murder conviction substituted for manslaughter with a six-year sentence.
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Criminal law — Murder v. manslaughter — Requirement of malice aforethought — Substitution of conviction — Sentence reduction to imprisonment for manslaughter.
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21 May 1996 |
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A court may stay execution of a tax warrant pending resolution where judicial protection against injury is necessary.
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Tax law — Warrant of distress under Income Tax Act — Assessed tax payable despite objection — Court's inherent jurisdiction/judicial review — Stay of execution pending determination where objection undecided.
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14 May 1996 |
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14 May 1996 |
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Appeal dismissed: conviction upheld where accused was seen selling stolen property and his explanation was rejected.
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Criminal law — Aggravated robbery; corroboration of accomplice/escapee evidence; possession and sale of stolen property as admissible circumstantial proof; recovery and discovery supporting conviction.
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7 May 1996 |
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Murder conviction upheld; death sentence commuted to 15 years' imprisonment due to mutual affray and appellant's youth.
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Criminal law — Murder — self-defence; voluntary mutual combat; provocation and drunkenness as defences; sentencing — extenuating circumstances warranting commutation of death sentence to fixed term imprisonment.
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7 May 1996 |
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Appellant’s conviction for murder upheld; sentence reduced to 10 years due to extenuating drunken circumstances.
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Evidence — Credibility assessment; distinction between adverse finding on credit and resolving conflicting versions; self-defence; sentencing — extenuating circumstances (drunkenness) reducing moral culpability
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7 May 1996 |
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Convictions quashed for lack of sufficient evidence linking appellant to drugs; analyst report held admissible.
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Narcotic Drugs Act — trafficking v. possession — charging both offences; evidential sufficiency and safe conviction; admissibility of analyst report under s.192(1) C.P.C.; vehicle forfeiture.
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7 May 1996 |
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Conviction upheld where appellant was found selling stolen property and his explanation was rejected.
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Criminal law — aggravated robbery — accused found selling stolen property — accomplice/escapee information as lead — corroboration not required where possession, eyewitness evidence and recovery of property support conviction.
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7 May 1996 |
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The court upheld the trial credibility finding against the applicant and reduced sentence due to intoxication as extenuation.
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Evidence — witness credibility — distinction between adverse finding on credit and resolving conflicting versions; Criminal law — murder — causation in melee; Self-defence — not established where accused’s account disbelieved; Sentencing — intoxication and drunken circumstances as extenuating factors
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6 May 1996 |