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Supreme Court of Zambia - 2015 July

3 judgments
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3 judgments
July 2015
Sabi v Thornhill Boarding and Day School (Appeal 34 of 2014) [2015] ZMSC 39 (27 July 2015)
Appellant's bus-hire claim failed for lack of invoices and credible evidence respondent contracted with a third party.
  • Evidence — contract for services — requirement of documentary proof (invoices/payment vouchers) to establish periodic hire; Burden of proof — claimant must prove liability on balance of probabilities; Civil procedure — evidence of unpleaded matters may be considered if not objected to; Company law — separate corporate personality (Salomon principle) prevents attributing another company’s obligations to the respondent due to common directorship/shareholding.
27 July 2015
Maunga & Others v People (SCZ Appeal 311 of 2013) [2015] ZMSC 62 (22 July 2015)
Circumstantial evidence, identification parade and ballistic matches sustained convictions and sentences for aggravated robbery.
  • Criminal law — Aggravated robbery — circumstantial evidence — odd coincidences — identification parade — admissibility of silence and adverse inference — possession of stolen property and ballistic matching.
22 July 2015
Konkola Copper Mines Plc v Mitchell Drilling International Ltd and Anor (SELECTED JUDGMENT NO. 22 OF 2015) [2015] ZMSC 192 (13 July 2015)
Appellant's non-payment repudiated the contract; respondents entitled to standby, demobilisation and mobilisation fees; fuel valuation and post-payment credited.
  • Contract law — schedule-of-rates/severable contract — non-payment as repudiatory breach — termination under contractual notice clause — entitlement to standby time and demobilisation where stoppage caused by payer's default — mobilisation fee entitlement — liquidated damages not recoverable where claimant's own breach caused delay — apportionment and assessment of shared fuel costs — post-termination payment credit.
13 July 2015