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Supreme Court of Zambia - 1998 August

4 judgments
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4 judgments
August 1998
Millard v People (S.C.Z. Judgment 10 of 1998) [1998] ZMSC 8 (25 August 1998)
Appellate interference warranted where sentence is wrong in principle; guilty plea by represented accused treated as unequivocal.
  • Criminal law — Plea of guilty — When plea may be withdrawn — Legal representation and unequivocal admission; Trafficking — Statutory quantities as evidence of trafficking; Sentencing — Appellate interference only where sentence is wrong in principle or causes a sense of shock; concurrency for offences in same transaction
25 August 1998
Enerst Phiri & Anor v The People (SCZ Appeal Nos. 54 & 56 of 1997) [1998] ZMSC 108 (11 August 1998)
Court upheld aggravated robbery convictions based on credible eyewitness identification and apology, affirming the mandatory 15-year sentence.
  • Criminal law — Aggravated robbery — Identification evidence and credibility — No identification parade — Apology/confession at police station as corroboration — Mandatory minimum sentence upheld.
11 August 1998
Avalon Motors Limited (in Receivership) v Bernard Leigh Gadsden Motor City Limited (S.C.Z. Judgment 7 of 1998) [1998] ZMSC 6 (3 August 1998)
Directors/shareholders may sue in the company’s name during receivership when the receiver is wrongdoing or neglects to protect company interests.
  • Company law — Receiver — Legal status and duties of receiver — Receiver as fiduciary — Liability for misfeasance, gross negligence or fraud — Locus standi of company under receivership — When directors/shareholders may sue in company’s name
3 August 1998
Lukama & Others v Lint Company of Zambia Limited (S.C.Z. Judgment 8 of 1998) [1998] ZMSC 7 (3 August 1998)
Payment in lieu of notice did not effect immediate termination; retrenchment packages must reflect the 110% salary increase.
  • Employment law — retrenchment/early retirement — calculation of packages — effect of payment in lieu of notice — whether termination is immediate or at end of notice period — accommodation clause relevant to construction of notice
3 August 1998