Supreme Court of Zambia - 2020 March

12 judgments
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Results. 12 judgments found.

12 judgments
March 2020
31 March 2020
27 March 2020
26 March 2020
Court upheld manslaughter convictions for reckless driving, rejecting challenges to juvenile witness evidence, identification and sentence.
  • Criminal law — Manslaughter by negligent/reckless driving — Degree of negligence required; Juvenile witnesses — admissibility and need (or not) for voir dire/corroboration under Juveniles Act; Identification and proof of deceased — sufficiency of post‑mortems and police exhibits; Sentence — appellate interference only if shockingly excessive.
26 March 2020
26 March 2020
26 March 2020
20 March 2020
Single judge lacked jurisdiction to dismiss an appeal filed before S.I. No.26/2012; the statutory instrument is not retrospective.
  • Civil procedure — Appeal procedure — Dismissal for want of prosecution — Jurisdiction of single judge vs full court under s.4 Supreme Court Act — Statutory Instrument No.26 of 2012 non‑retrospective — Filing of heads of argument.
18 March 2020
Accumulation of procedural breaches and negligence can justify dismissal despite internal disciplinary code not specifying dismissal.
  • Employment law — dismissal for misconduct — accumulation of procedural breaches and negligence — disciplinary code as part of conditions of service but not necessarily preclusive of dismissal — duty of court to assess whether disciplinary power was properly exercised.
18 March 2020
18 March 2020
Whether understatement of purchase price to evade transfer tax voids a sale contract and bars specific performance.
  • Property transfer tax — understatement of purchase price — illegality — effect on enforceability of contract — restitution of monies paid — specific performance — Statute of Frauds evidence.
11 March 2020
3 March 2020