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Supreme Court of Zambia - 2015 April

4 judgments
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4 judgments
April 2015
Hildah Ngosi (suing as Administrator of the Estate of Washington: Ngosi) v The Attorney General and Anor (SCZ JUDGMENT NO. 18/2015) [2015] ZMSC 189 (24 April 2015)
Non-compliance with s13 Lands Act rendered re-entry invalid; administrator entitled to claim and compensation for demolished improvements.
  • Lands Act s13 — failure to serve notice of intention to re-enter invalidates re-entry; inchoate interest vests rights for administrator; bona fide lessee doctrine; entitlement to compensation for demolished improvements; certificate of title cancellation.
24 April 2015
Maxwell Zenas Kambandu v Richard Henderson Peters and Ors (APPEAL NO. 59/2010) [2015] ZMSC 194 (15 April 2015)
15 April 2015
Mupwaya R. Chisepo v People (Appeal 198 of 2014) [2015] ZMSC 166 (14 April 2015)
Rape conviction quashed where complainant's testimony was uncorroborated and prosecution failed to prove absence of consent.
  • Criminal law — Rape — Elements: carnal knowledge and lack of consent — Corroboration required in sexual offences — Early complaint and corroboration on consent — Failure to call available witness (early compliant uncle) constitutes dereliction of duty and permits adverse inference — Burden on prosecution to prove absence of consent beyond reasonable doubt — Conviction unsafe where twin dangers of false complaint and implication not eliminated.
14 April 2015
Konkola Copper Mines PLC v Nyasulu and Others (Appeal 1 of 2012) [2015] ZMSC 33 (1 April 2015)
1 April 2015