Supreme Court of Zambia - 2014 October

19 judgments

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19 judgments

Citation	Judgment date
October 2014
Corpus Legal Practitioners v Mwanandani Holdings Limited (Appeal 134 of 2010) [2014] ZMSC 131 (30 October 2014) Whether Registrar application is prerequisite to cancelling title, proper procedure for caveat removal, and who bears amendment costs. Lands and Deeds Registry Act s.11 – administrative correction by Registrar is not a precondition to judicial cancellation of title; Certificate of Title – conclusive but challengeable for fraud; Caveat removal – ordinarily by originating summons but may be included in writ when part of broader action; Costs – amendment necessitated by plaintiff's omission attracts costs against that party; Leave to appeal on costs required only where appeal is solely on costs.	30 October 2014
Examination Council of Zambia v Reliance Technology Limited (Appeal 194 of 2010) [2014] ZMSC 105 (30 October 2014) The appellant could reject an unmerchantable printer despite repairs and warranty; four months' use did not forfeit the right. Sale of Goods Act s14(2) – implied condition of merchantable quality – buyer’s statutory right to reject – effect of express warranty and repairs on rejection – reasonable time/acceptance by conduct.	30 October 2014
Kangwa & Others v Zambia Environmental Management Agency & Others (Appeal 40 of 2012) [2014] ZMSC 143 (30 October 2014) EIA consultation rights are not limited to title-holders; project approvals and remedial consultations justified dismissal of the appeal. Environmental law – EIA process and public consultation; locus standi not confined to title-holders; admissibility and weight of expert evidence; mining licence/outsourcing; Ministerial suspension and legitimate expectation; procedural compliance for change of land use.	30 October 2014
Metro Investments v Commissioner of Lands & Others (Appeal 220 of 2012) [2014] ZMSC 141 (30 October 2014) A Supreme Court remittal to the High Court does not require recommencement by originating process under Order VI. Civil procedure — Supreme Court remittal under s.25(1)(b)(iv) — No requirement to file fresh originating process — High Court may give directions for pleadings — Remitted matter not converted into an appeal by cause number or record filing.	30 October 2014
Mukumbwa v Musatwe and Northern Breweries Limited & Another (Appeal 102 of 2007) [2014] ZMSC 106 (30 October 2014) Deposit of title deeds created an equitable mortgage securing beer-credit; debt apportioned equally between the appellant and the 1st respondent. Companies law – holding oneself out as director (Companies Act s.203(3)) – equitable mortgage by deposit of title deeds – deposit can secure third-party debt – joint business venture and joint liability for credit facility – apportionment of counter-claim debt; interest ordered from counter-claim date to judgment at short-term deposit rate then lending rate.	30 October 2014
EMC Truck Centre Zambia Limited & Another v Access Bank (Zambia) Limited (Appeal 17 of 2003) [2014] ZMSC 132 (28 October 2014) Whether non-parties to a bank guarantee can challenge payment absent privity or a written demand. Bank guarantees; suretyship and privity; condition precedent; written demand under a guarantee; locus standi to enforce guarantees; pleadings and particulars for negligence; Statute of Frauds (naming parties).	28 October 2014
African Life Finance Services (Zambia) Limited v Chasaya and 78 Others (Appeal 154 of 2012) [2014] ZMSC 95 (22 October 2014)	22 October 2014
Intermarket Banking Corp Zambia Ltd v Kasonde (Appeal 135 of 2009) [2014] ZMSC 107 (22 October 2014) A bank’s third‑party mortgage was set aside for failing to guard against undue influence and for insufficient evidence of a valid deposit of title deeds. Banking/security law – third‑party equitable mortgage by deposit of title deeds – possession alone insufficient to create charge; creditor on inquiry where borrower and surety are related – duty to guard against undue influence, ensure understanding and recommend independent legal advice – inference of fraud permitted from affidavit denials when particularity lacking.	22 October 2014
Unity Motels Limited v Mulemwa (Appeal 9 of 2013) [2014] ZMSC 104 (22 October 2014)	22 October 2014
Nyirenda v Zambia Privatisation Agency, Minister of Finance and Attorney General (Appeal 99 of 1999) [2014] ZMSC 100 (16 October 2014)	16 October 2014
Lubemba v Hanyaama and Sangare Transport Limited and Attorney General, Merzouk v Commercial Capital Corporation Limited (Appeal 38 of 2012) [2014] ZMSC 103 (14 October 2014)	14 October 2014
Mwansa and Anor v People (SCZ 170 of 2014) [2014] ZMSC 256 (14 October 2014) Convictions affirmed where recent possession, leading evidence and re-enactments excluded danger of false implication. Criminal law – aggravated robbery and murder – circumstantial evidence – suspect witnesses and corroboration – recent possession of stolen property – leading and re-enactment evidence – common purpose liability – sentencing of juvenile.	14 October 2014
Chimbila v The People (Appeal 507 of 2013) [2014] ZMSC 101 (13 October 2014)	13 October 2014
Chitalo v The People (Appeal 354 of 2013) [2014] ZMSC 108 (13 October 2014) Psychiatric treatment receipts alone do not establish insanity; credible eyewitness testimony sufficed to uphold conviction. Criminal law - Unnatural offence (s155 Penal Code) - requirement to prove sex against the order of nature; Criminal procedure - fitness to make a proper defence (s160 Criminal Procedure Code) - when psychiatric inquiry required; Evidence - eyewitness identification and corroboration; Standard - proof beyond reasonable doubt.	13 October 2014
Mwenya v The People (Appeal 640 of 2013) [2014] ZMSC 96 (13 October 2014)	13 October 2014
Zimba v The People (Appeal 649 of 2013) [2014] ZMSC 99 (13 October 2014)	13 October 2014
Booker Bus Service Company Limited v Stanbic Bank Zambia Limited (SCZ 8 226 of 2014) [2014] ZMSC 97 (12 October 2014)	12 October 2014
Peyala v Zambia Consolidated Copper Mines (Appeal 81 of 2012) [2014] ZMSC 98 (7 October 2014)	7 October 2014
Lutangu v Zambia Revenue Authority and Donovan-Commissioner General (Appeal 65 of 2010) [2014] ZMSC 102 (5 October 2014)	5 October 2014