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Supreme Court of Zambia - 2006 August

2 judgments
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2 judgments
August 2006
Chiku Medical and Pharmaceutical Industries Limited v Norman Mbazima (sued as Received of Commerce Bank Limited) and Anor (APPEAL NO. 78 OF 2004) [2006] ZMSC 44 (28 August 2006)
Whether the applicant was estopped by pre-signed cheques and an executed debenture from denying indebtedness; appeal dismissed.
  • Debenture enforcement — validity of executed debenture for K1.2 billion; Estoppel — effect of pre-signed cheques signed by managing director; Burden of proof — onus on party alleging non-receipt; Evidence — non-calling of bank MD not necessarily fatal; Civil procedure — foreclosure order irregular if not pleaded; Corporate procedure — impropriety of suing a company under receivership rather than its receiver.
28 August 2006
Julius Sibanda Masoja v People (Appeal 100 of 2006) [2006] ZMSC 5 (8 August 2006)
Belief in witchcraft is not mitigating; first-offender manslaughter sentence reduced from 35 to 20 years.
  • Criminal law — Manslaughter; sentencing — excessive sentence reduced; belief in witchcraft not a mitigating circumstance; first-offender leniency.
8 August 2006