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Supreme Court of Zambia - 2002 December

3 judgments
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3 judgments
Citation
Judgment date
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 if lay evidence proves death from assault; drinking can be an extenuating circumstance.
Evidence — absence of post‑mortem; causation established by cogent lay evidence. Criminal law — malice aforethought; intention to cause grievous harm/death. Sentencing — extenuating circumstances may include drinking, failed provocation, witchcraft accusation; youth not automatically extenuating. Death sentence quashed and substituted due to sentencing misdirection.
 2 December 2002