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Supreme Court of Zambia - 2013 June

3 judgments
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3 judgments
Citation
Judgment date
June 2013
Promart Investment v African Life Financial Services (Appeal 98 of 2011) [2013] ZMSC 7 (26 June 2013)
Whether an unsolicited broker’s introduction established an agency contract entitling the appellant to commission.
Contract law – agency and commission – requirement of intention to create legal relations; exclusion of a named prospective tenant and waiver; quantum meruit – when services confer recoverable benefit; evidence – failure to call key witness (tenant); costs follow event.
 26 June 2013
Monarch Steel v Jessons Insurance (Appeal 106 of 2008) [2013] ZMSC 6 (20 June 2013)
A written endorsement and parties’ conduct can waive the statutory 60-day premium requirement; appeal dismissed.
Insurance Act s76(1) – premium payment within 60 days – policy endorsement and written agreement – mutual waiver of statutory time limit – reinstatement clause – cover notes and benefits received – enforcement of unpaid premiums.
 20 June 2013
Kunda v The People (Appeal 135 of 2012) [2013] ZMSC 34 (4 June 2013)
Identification evidence was found reliable despite parade irregularities; conviction and mandatory death sentence were upheld.
Criminal law – Identification evidence – adequacy and reliability; irregular identification parade – when not fatal; evidence of leading to recoveries – need for particularisation; co-accused confession – effect on co-accused's conviction.
 4 June 2013