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Supreme Court of Zambia - 1998 June

4 judgments
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4 judgments
June 1998
Attorney General v Mafuta (SCZ 57 of 1996; SCZ 8 of 1996) [1998] ZMSC 105 (2 June 1998)
An appellant's failure to comply with an 'unless' order and unexplained delay precludes setting aside automatic dismissal.
  • Civil procedure — Appeal — Failure to lodge record of appeal within time — 'Unless' order — Automatic dismissal — Relief only in very exceptional circumstances — Inordinate delay — Strict compliance with procedural time limits.
2 June 1998
Consumer Buying Corporation Ltd (In Liquidation) v Zambia Privatization Agency and Ors (Appeal 156 of 1997) [1998] ZMSC 93 (2 June 1998)
Whether consolidated salary increases were valid where management paid converted perquisites to employees as instructed.
  • Company law — authority and holding out — Companies Act ss.23–25 — employer bound by acts of representative; Employment law — salary consolidation and conversion of in-kind perquisites into allowances; Evidence — payslips and auditors’ records establishing payment; Claim for withheld differences — merits.
2 June 1998
Emmanuel Chifwembe v The People (Appeal 164 of 1997) [1998] ZMSC 91 (2 June 1998)
The court increased the applicant’s sentence for multiple aggravated robberies involving severe injury and backdated it to arrest.
  • Criminal law — Aggravated robbery — Sentencing — Credit for time in custody and back-dating sentences — Multiple offences and serious bodily injury (axing) as aggravating factors — Appropriateness of imposing statutory minimum sentence.
2 June 1998
Emmanuel Chimfwembe v People (SCZ Judgement 13 of 1998) [1998] ZMSC 94 (2 June 1998)
Court increased sentence for multiple aggravated robberies with severe injury and back-dated it to the arrest date.
  • Criminal law — Aggravated robbery — Mandatory minimum sentence — Multiple offences and serious injury as aggravating factors — Back-dating sentence to date of arrest.
2 June 1998