Supreme Court of Zambia - 2013 July

5 judgments
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Results. 5 judgments found.

5 judgments
July 2013
Private ferrying of voters with campaign messages did not amount to corrupt practice nor void the parliamentary election.
  • Electoral law — election petition — Section 93(2)(a) and (c) Electoral Act — corrupt and illegal practices — bribery and treating — ferrying of voters in private vehicles — private versus government transport — requirement that misconduct affect majority of voters — costs in election petitions
24 July 2013
Joinder after judgment is permitted, but the court refused late joinder as not in the interests of justice.
  • Civil procedure — Joinder after judgment — Order 15(6)(2)(ii) RSC — Court’s inherent jurisdiction and discretion — interests of justice — Limitation Act (Zambia) — six-year limitation period unless claim includes personal injuries — res judicata — enforcement alternatives to late joinder
24 July 2013
Court allowed late filing of the record of appeal and consolidated related appeals arising from the same underlying matter.
  • Civil procedure — extension of time to file record of appeal — consolidation of appeals arising from same cause — discretion exercised where delay not inordinate; default judgment and execution attempts noted
15 July 2013
The appellant's challenge to identification and possession evidence failed; conviction and sentence upheld.
  • Criminal law — Aggravated robbery — Identification evidence and fairness of identification parade — Corroboration by recovered stolen property — Possession of cash and phone as linking evidence.
9 July 2013
Whether lack of consent in a rape charge was proved beyond reasonable doubt, relying on admissions and medical evidence.
  • Criminal law — Rape — Absence of consent must be proved beyond reasonable doubt — Admissions to villagers and to police admissible — Late fabricated defence — Medical evidence and demeanour corroboration.
9 July 2013