Supreme Court of Zambia - 2001 January

7 judgments
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Results. 7 judgments found.

7 judgments
January 2001
Appellate court reduced a seven-year infanticide sentence to three years due to mitigating circumstances and dependents.
  • Criminal law — Infanticide — Sentence — appellate interference with sentence — mitigation: first offender status, dependent children, single parenthood — balance between seriousness and personal circumstances.
23 January 2001
A sitting tenant who is not an employee cannot claim sale rights under an employee-only house-sale scheme without an offer or agreement.
  • Property law — sale schemes for employees — entitlement of sitting tenant who is not an employee — absence of informal agreement or offer — specific performance and declaratory relief.
18 January 2001
Whether a single Supreme Court judge can decide injunctions under Section 4 and whether a High Court refusal without reasons was reviewable.
  • Civil procedure — Interlocutory injunctions — Jurisdiction of single judge under Section 4 Supreme Court Act — Requirement to give reasons for refusal of injunction — Registered designs — Effect of discontinuance premised on invalid interim order.
18 January 2001
Whether a mortgage deed clause permitted charging compound interest; court held it did and allowed the appeal.
  • Civil law — Mortgage deed — Interpretation of Clause 2 — Whether provision permits charging compound interest — Contractual interest and appellate review
17 January 2001
Whether a single Supreme Court judge may grant interim injunctions and whether registration justifies interim protection.
  • Civil procedure — Interim/interlocutory injunctions — Powers of a single Supreme Court judge under s.4 of the Supreme Court Act — Registered Design Act (s.14) — balance of convenience — prevention of irreparable harm
17 January 2001
Whether a sitting tenant who is not an employee can compel sale or specific performance absent an offer or agreement.
  • Contract law — existence of contract of sale and entitlement to specific performance — whether correspondence/ conduct constituted an offer — tenant versus employee under house-sale scheme
17 January 2001
Conviction for obtaining money by false pretences quashed where elements were not proved and intended recipient suffered no loss.
  • Criminal law — Obtaining money by false pretences — Elements of false pretences not proved — Actual recipient suffered no loss — Acquittal on theft not appealed — Conviction quashed.
9 January 2001