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Supreme Court of Zambia - 2013 June

3 judgments
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3 judgments
June 2013
Promart Investment v African Life Financial Services (Appeal 98 of 2011) [2013] ZMSC 7 (26 June 2013)
No binding agency contract or quantum meruit entitlement where landlord effectively excluded the introduced tenant and services were unsolicited.
  • Agency/contract formation — executory contract; real estate commission — introduction of tenant; exclusion and waiver; quantum meruit and unjust enrichment; evidentiary burden — calling third-party tenant; ex-gratia payments not admissions; costs discretion
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 sixty‑day premium-payment lapse under section 76(1), upholding insurer's claim.
  • Insurance law — Section 76(1) lapse for non-payment — Parties may contractually stipulate alternate premium periods — Written endorsement and conduct can constitute mutual waiver — Effect of cover notes and reinstatement provisions
20 June 2013
Kunda v The People (Appeal 135 of 2012) [2013] ZMSC 34 (4 June 2013)
Whether identification evidence and attendant corroboration were sufficient to uphold an aggravated robbery conviction despite parade irregularities.
  • Criminal law — Identification evidence — Sufficiency and reliability despite irregular identification parade; corroboration by conduct, presence and recoveries — Leading to recovered property — Effect of co-accused confession on co-accused’s conviction
4 June 2013