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Supreme Court of Zambia - 2010 June

2 judgments
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2 judgments
June 2010
Nyendwa v Spooner (Appeal 21 of 2009) [2010] ZMSC 2 (15 June 2010)
An ex-parte foreign wardship order cannot be registered under Zambia's Foreign Judgments Act because guardianship orders are excluded.
  • Foreign Judgments Act — registration of foreign orders — guardianship and custody excluded — requirement of finality and monetary obligation — non-final ex-parte wardship orders not registrable — absence of reciprocal convention with UK
15 June 2010
Charles Muleya v People (S.C.Z. Appeal No. 115/2009) [2010] ZMSC 20 (13 June 2010)
Appeal dismissed where conflicting medical reports were not presented at trial, so court had no obligation to make an insanity finding.
  • Criminal law — Insanity/mental state — Section 167 Criminal Procedure Code — duty of trial court to make special finding only where evidence of insanity is adduced at trial; appellate relief not available where defence withdrew medical reports and did not call examining doctor
  • Murder — proof of malice aforethought without post-mortem — reliance on witness testimony and alleged confession
13 June 2010