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Citation
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Judgment date
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| July 2011 |
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An architect may recover agreed higher fees where statute permits and professional custom supports such charges.
Architectural profession — Fees — Zambia Institute of Architects Act (cap. 442) and SI No.106 of 1999 — Regulation 7 permits higher fees by agreement — professional recommendations, custom and usage — proof of agreement to higher charges.
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26 July 2011 |
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Court allowed appeal: trial court erred by not hearing preliminary issue and improperly reopening a concluded judgment.
Civil procedure – finality of litigation – functus officio – jurisdiction to reopen or order reconciliation after judgment satisfied; application to compel bank statements; duty of trial court to adjudicate preliminary issues.
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22 July 2011 |
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Delay in filing a bill of costs was excused where stays and negotiations justified the late taxation; taxation proceeded without penalty.
Civil procedure — Taxation of costs — Order 62 Rule 29 (three-month time limit) — Order 62 Rule 28(4) (discretion to disallow/reduce costs for delay) — stay of execution and negotiations may justify delay — delay must be inordinate or prejudicial to attract penalty.
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14 July 2011 |
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Conviction and 30-year sentence for defilement upheld due to abuse of religious trust and credible evidence.
Criminal law – Defilement – Evidence and credibility – identity of assailant – Abuse of position of religious trust as aggravating factor – Sentencing principles and first-offender leniency – Forensic/DNA tests not mandatory where pregnancy and intercourse are undisputed.
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12 July 2011 |
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Appeal allowed: mistaken identification not excluded and uninvestigated alibi required acquittal.
Criminal law — Identification evidence — Night-time robbery, poor visibility, extinguished lamp and traumatic conditions — mistaken identification not excluded; Criminal procedure — Alibi — duty of police to investigate alibi given on arrest; failure to investigate undermines prosecution case.
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12 July 2011 |
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No extenuating circumstances found; murder conviction and mandatory death sentence affirmed despite omission to convict aggravated robbery.
Criminal law – Murder – Circumstantial evidence – Sufficiency and cogency of inference; Extenuating circumstances under s.201 Penal Code – provocation and moral diminution of guilt; Aggravated robbery charge – omission to enter verdict; Appellate limits under s.15(3) Supreme Court Act; Sentencing – mandatory death penalty affirmed.
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12 July 2011 |
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Child-witnesses require corroboration; medical evidence and the appellant’s conduct supplied “something more,” upholding conviction.
Criminal law – Corroboration of child witnesses – Section 122(1) Juveniles Act – Two children of tender years cannot corroborate one another – "Something more" (medical reports, identification, accused's conduct) may suffice – Witnesses with possible interest and danger of false implication.
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11 July 2011 |
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Whether a tribunal under the Ministerial Code may adjudicate constitutional breaches and the limits of judicial review.
Administrative law – scope of judicial review v appellate review – tribunal jurisdiction under Parliamentary and Ministerial Code of Conduct Act – limits on tribunal making constitutional findings – natural justice – leave to commence judicial review by intervenors – Wednesbury unreasonableness of tribunal decisions – binding nature of Attorney-General’s advice under Article 54(3).
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7 July 2011 |