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Supreme Court of Zambia - 1998 March

5 judgments
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5 judgments
March 1998
Development Bank of Zambia v Hortative Business Agencies Ltd and Ors (SCZ Appeal 129 of 1996) [1998] ZMSC 106 (19 March 1998)
The appellant bank was held liable for failing to insure the respondent's imported machinery in transit; appeal dismissed.
  • Contract/loan security — Interpretation of insurance clause — Duty to insure goods in transit — Effect of retained insurance funds (US$2,500) — C.&F. vs C.I.F. invoice not determinative — Damages for loss of business.
19 March 1998
Francis Kwilwa v The People (SCZ Appeal No. 33 of 1996) [1998] ZMSC 117 (3 March 1998)
Circumstantial evidence, including escape from custody, upheld the murder conviction and confirmed the death sentence.
  • Criminal law — Murder — Circumstantial evidence — Escape from custody as relevant inference — Proof beyond reasonable doubt — Credibility and preference of witnesses.
3 March 1998
Mwanza v Zambia Consolidated Copper Mines Ltd (Appeal 103 of 1997) [1998] ZMSC 95 (3 March 1998)
3 March 1998
Associated Chemicals Limited v Hill and Delamain Zambia Limited & Another (as a Law Firm) (S.C.Z. Judgment 2 of 1998) [1998] ZMSC 2 (2 March 1998)
A company’s separate legal personality prevents shareholders’ or vendors’ indemnities from defeating a creditor’s claim against the company.
  • Company law — separate legal personality — Salomon principle — corporate obligations to third-party creditors — share purchase agreement indemnities do not defeat creditor claims — third-party impleading
2 March 1998
Zambia Consolidated Copper Mines Limited v Reddy Daka & Another (S.C.Z. Judgment 3 of 1998) [1998] ZMSC 3 (2 March 1998)
Whether a registrar may review his own decision under Order 39 — court held he cannot and the assessment review was unjustified.
  • Civil procedure — Review — Whether a Registrar has power under Order 39 to review his own decision — Assessment of damages by Deputy Registrar — Review by another Deputy Registrar — Review unjustified
2 March 1998