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Supreme Court of Zambia - 2008 September

4 judgments
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4 judgments
September 2008
Zambia State Insurance Corporation Limited and Anor v Alisand Singogo (Appeal No. 02 of 2007) [2008] ZMSC 168 (29 September 2008)
A state-owned employer breached a fixed-term contract despite ministerial directive; employee awarded twelve months' salary and vehicle purchase option.
  • Employment law — fixed-term contract — breach by employer despite ministerial directive; frustration of contract; measure of damages; entitlement to perquisites; Insurance Act relevance.
29 September 2008
Eureka Construction Limited v The Attorney General and Anor (SCZ Judgment 37 of 2008) [2008] ZMSC 169 (23 September 2008)
An interested party cannot be joined to a Supreme Court appeal after final judgment; joinder must be sought while appeal is pending.
  • Civil procedure — Intervention and joinder — Rule 67 Supreme Court Rules — Intervention must be sought before judgment; court functus officio thereafter — Locus standi and interest required — Finality of litigation.
23 September 2008
Chipeta Chisanga v The People (Appeal 14 of 2008) [2008] ZMSC 22 (11 September 2008)
Court reduced excessive custodial sentences to statutory limits in appeals for espionage and child abduction.
  • Criminal law — Sentence — Excessive sentence — Court may set aside and substitute sentence where term exceeds statutory limits; State Security Act (espionage) — statutory minimum sentence — Penal Code s.136 — statutory range for child abduction; mitigation and absence of aggravation.
11 September 2008
Maybin Ng'uni v The People (Appeal 37 of 2007) [2008] ZMSC 121 (9 September 2008)
Conviction and 20-year sentence for defilement of an imbecile upheld due to reliable evidence and victim vulnerability.
  • Criminal law — Defilement of an imbecile — Sufficiency of evidence and eyewitness identification — Victim’s mental incapacity as an aggravating factor — Sentence above minimum justified.
9 September 2008