Supreme Court of Zambia - 2020 January

10 judgments
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Results. 10 judgments found.

10 judgments
January 2020
22 January 2020
The High Court has inherent jurisdiction to grant an injunction pending appeal, but it must be justified by compelling, special circumstances.
  • Civil Procedure
    • — Injunction Pending Appeal (Erinford injunction) — Jurisdiction of High Court to grant — Inherent jurisdiction of superior courts
    • — Interim Injunctions — Principles for grant — Real prospect of success; balance of convenience; preservation of res; special circumstances
    • — Rules and Procedure — Recommendation to include express provision for injunctions pending appeal in High Court Rules
21 January 2020
14 January 2020
Failed provocation and intoxication did not amount to extenuating circumstances; appeal against murder conviction and death sentence dismissed.
  • Criminal law — murder — sentence — failed defences of provocation and intoxication — extenuating circumstances assessed by facts; preparation of weapon and disproportionate retaliation establish malice aforethought.
14 January 2020
9 January 2020
High Court erred by ordering security for costs post-judgment; such orders require proper rule, timing, and defendant application.
  • Civil procedure — Security for costs — Order 40 r.7 High Court Rules — interlocutory relief during progress of suit — Order 47 r.12 inapplicable — payment into court distinct from security for costs — Rule 56 power vested in Supreme Court only.
9 January 2020
9 January 2020
9 January 2020
8 January 2020
2 January 2020