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Supreme Court of Zambia - 2011 October

4 judgments
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4 judgments
October 2011
Anuj Kumar Rathi Krishnan v People (SCZ/9/92/2011; SCZ Judgment NO. 19/2011) [2011] ZMSC 45 (21 October 2011)
Bail pending appeal requires exceptional circumstances; delay may qualify but suspension of sentence is a separate post-refusal remedy.
  • Criminal procedure — Bail pending appeal — Section 332(1) CPC — Stoddart exceptional-circumstances test upheld — delay as potential exceptional circumstance — appellate court not to decide main appeal merits — suspension of execution of sentence a separate remedy after refusal of bail.
21 October 2011
Kayope v Attorney General (SCZ 8 319 of 2007) [2011] ZMSC 1 (20 October 2011)
Mesne profits awarded for wrongful occupation; counter-claim remitted for retrial; purchase entitlement held res judicata.
  • Mesne profits — wrongful occupation after expiry of licence; res judicata on entitlement to purchase government pool house; counter-claim must be tried — High Court Act s.13; retrial ordered
20 October 2011
Krishnan v The People (SCZ 19 of 2011) [2011] ZMSC 19 (20 October 2011)
Bail pending appeal requires exceptional circumstances and must be brought under s.332(1); application dismissed.
  • Criminal procedure — bail pending appeal — application under s.332(1) not s.123; bail discretionary; exceptional circumstances required (e.g. risk of serving sentence before appeal); Stoddart v The Queen affirmed; refusal of bail precedes request to suspend execution of sentence under s.332(1)
20 October 2011
Njobvu v The People (SCZ 17 of 2011) [2011] ZMSC 17 (3 October 2011)
Conviction and death sentence upheld where assault caused death within year-and-a-day and no extenuating circumstances existed.
  • Criminal law — Murder — Proof of causation — Medical evidence not always required — Assault followed by death — novus actus interveniens — Year-and-a-day rule (s.209(1)) — Extenuating circumstances, provocation and defence of property — Mandatory death sentence
3 October 2011