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Supreme Court of Zambia - 2009 January

3 judgments
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3 judgments
January 2009
Constina Lufunda v Morten Chiiko Simuunza (APPEAL NO. 95 OF 2007) [2009] ZMSC 177 (30 January 2009)
Whether the plaintiff was the sitting tenant entitled to purchase an Institutional government flat under the sale policy.
  • Property law — Government housing policy — distinction between Institutional houses and pool houses — sitting tenant entitlement to purchase — appellate review of trial court findings where evidence misapprehended (see Zulu v Avondale Housing Project Ltd).
30 January 2009
Sinyinza v People (SCZ Judgement 2 of 2009) [2009] ZMSC 162 (20 January 2009)
Medical evidence negating penetration warranted substituting defilement conviction with indecent assault; mutual corroboration of child witnesses upheld.
  • Criminal law — Defilement v. indecent assault — medical evidence on hymen and inflammation; Juveniles Act s.122 — capacity to understand oath; corroboration in sexual offences — mutual corroboration (Mulenga); appellate substitution of conviction — Supreme Court Act s.15(3) and Crim. Proc. Code s.186(3)
20 January 2009
Zambia National Provident Fund Board and Ors v Mulenga and Ors (Appeal 140 of 2006) [2009] ZMSC 147 (15 January 2009)
Appeal allowed: court set aside orders for pension payments and regular allowances, and dismissed cross-appeal regarding pension scheme payments.
  • Industrial relations — early retirement under collective agreement — entitlement to pension or refund — admissibility and effect of evidence of refunds; Collective agreements — interpretation of Clause 49 — scope of benefits during notice period; Pension law — defined-benefit vs defined-contribution schemes — scheme approval and compliance with Income Tax Act; Civil procedure — appellate review of factual findings where lower court omitted material evidence.
15 January 2009