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Supreme Court of Zambia - 2002 December

3 judgments
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3 judgments
December 2002
Chibote Meat Processing Corporation Ltd (Formerly known as CC Farms Limited) and Ors v Sasol Fertilizers Zambia Limited (SCZ/8/243/2002) [2002] ZMSC 169 (20 December 2002)
A single Supreme Court judge lacks jurisdiction to grant interlocutory injunctions; appeal lies to the full Court.
  • Civil procedure — interlocutory injunction — appeal against refusal — jurisdiction of single Judge versus full Court — stay of execution — procedural irregularity.
20 December 2002
Jack Chanda and Anor v People (SCZ 29 of 2002) [2002] ZMSC 101 (3 December 2002)
Murder conviction upheld without post‑mortem; death sentence reduced to 20 years due to failure to consider drinking as mitigating evidence.
  • Criminal law — Murder — Sufficiency of evidence without post‑mortem where assault and subsequent death are cogently linked; Malice aforethought — intention to cause grievous harm/death established by brutal assault; Sentencing — extenuating circumstances under s.201(1)(b) Penal Code (youth not automatically mitigating; drinking may be considered); Sentence substitution from death to 20 years' imprisonment.
3 December 2002
Chanda & Another v People (SCZ 29 of 2002) [2002] ZMSC 79 (2 December 2002)
Absence of post‑mortem not fatal; malice proved; drinking was extenuating—death sentence reduced to 20 years.
  • Evidence — absence of post‑mortem not fatal where non‑medical evidence cogent; Murder — malice aforethought established by brutal assault; Sentence — youthful age not per se extenuating; drinking, provocation or witchcraft accusation may be extenuating circumstances
2 December 2002