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Supreme Court of Zambia - 2000 April

4 judgments
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4 judgments
April 2000
Zambia Consolidated Copper Mines Ltd v Sinkala and Ors (SCZ Appeal 149 of 1998) [2000] ZMSC 132 (18 April 2000)
Post‑ruling material cannot be 'fresh evidence' for review; reopening a decision on after‑the‑fact documents was impermissible.
  • Civil procedure — Review under Order 39 r.1 — 'Fresh evidence' must have existed at time of original ruling and been unknowable with due diligence — Evidence created after a ruling cannot ground review; extension of protection order cannot be treated as review application without fresh evidence.
18 April 2000
Attorney General v Parbhoo (SCZ Appeal 44 of 1996) [2000] ZMSC 107 (6 April 2000)
Court upheld liability but reduced damages: replacement value at date of accident and loss-of-use limited for mitigation.
  • Civil liability — motor vehicle accident — State vicarious liability — adjournment and judicial discretion — natural justice — sufficiency of evidence (police report and driver testimony) — damages for total loss of chattel: market value at date of accident — mitigation and limitation of loss-of-use awards — interest and costs.
6 April 2000
Air France v Mwase Import & Export Company Limited (SCZ 10 of 2000) [2000] ZMSC 45 (5 April 2000)
Airway bill terms govern international air carriage; consignor must record delivery deadlines—carrier not liable for unrecorded urgency.
  • Air law — airway bill as contract and evidence — consignor’s duty to specify delivery time on airway bill — Warsaw Convention (Carriage by Air Act) limits on liability — FIRAV (first available flight) bookings — res ipsa loquitur in air carriage claims — agency of forwarding agents
5 April 2000
Sambo & Another v Mwanza (SCZ 16 of 2000) [2000] ZMSC 17 (5 April 2000)
Court upheld cancellation of a fraudulently procured certificate of title and awarded mesne profits and costs to the occupier.
  • Land law — Certificate of title — Fraudulently procured — Occupier’s priority — Registrar and municipal duty to investigate title — Mesne profits — Costs follow the event
5 April 2000