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Supreme Court of Zambia - 2004 May

4 judgments
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4 judgments
May 2004
Forbes Kapembwa v Indeco Estates Development Company Ltd and Anor (Appeal 51 of 2003) [2004] ZMSC 99 (27 May 2004)
Interim injunction refused where a provisional housing offer was revoked and damages were an adequate remedy.
  • Interlocutory injunction — provisional offer and its revocation — sitting-tenant purchase rights — adequacy of damages — balance of convenience — assessment of affidavit evidence and distinguishing authorities.
27 May 2004
Dozen Tuunku Malindi v The People (Appeal 37 of 2004) [2004] ZMSC 20 (18 May 2004)
Circumstantial evidence with unresolved discrepancies about recovered remains rendered the murder conviction unsafe; appeal allowed.
  • Criminal law — Circumstantial evidence — sufficiency; forensic discrepancies regarding recovered remains; failure to call initial finders — conviction unsafe.
18 May 2004
Rating Valuation Consortium and Anor v Lusaka City Council and Anor (Appeal 89 of 2003) [2004] ZMSC 103 (6 May 2004)
No binding contract existed because acceptance predated incorporation, but appellants recover on quantum meruit for services the respondent accepted.
  • Contract formation — offer and acceptance; incorporation and capacity to accept; statutory conditions precedent (ministerial approval; tender procedures) — illegality of appointment; quantum meruit recovery where services accepted and respondent acquiesced; estoppel against reliance on illegality.
6 May 2004
The Rating Valuation Consortium and Anor v The Lusaka City Council And Anor (SELECTED JUDGEMENT NO. 13 OF 2004) [2004] ZMSC 145 (6 May 2004)
No binding contract existed because acceptance preceded incorporation and statutory approvals, but appellants recover on quantum meruit for work performed.
  • Contract formation — offer and acceptance — acceptance by non-existent company — statutory preconditions (ministerial approval and tender regulations) — illegality — quantum meruit and restitution where party has performed and recipient accepted benefits — estoppel against reliance on illegality.
6 May 2004