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Supreme Court of Zambia - 2020 June

16 judgments
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16 judgments
June 2020
Chama and Ors v National Pension Scheme Authority and Ors (Appeal 1 of 2018) [2020] ZMSC 145 (30 June 2020)
Members exiting a defined benefit scheme are entitled to actuarially-determined present value portable benefits under the statute.
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30 June 2020
Richard H. Chama & 213 Other v National Pension Scheme Authority & Others (Appeal 101 of 2018) [2020] ZMSC 51 (30 June 2020)
Defined benefit and defined contribution schemes yield different portable benefits; leaving members are entitled to actuarial present value portability.
  • Pension law — defined benefit v. defined contribution schemes — portability of accrued retirement benefits — section 18(1)(f) and 18(3)(b) Pension Scheme Regulation Act — present value/actuarial valuation — abolition of deferred pensions — inconsistency between Trust Rules and statute — remedy to recompute and pay outstanding portable benefits.
30 June 2020
Smith Sawila v TheAttorney General & Another (Appeal 1 of 2019) [2020] ZMSC 52 (30 June 2020)
Title cancelled for impropriety in acquiring a government pool-house plot; appeal dismissed.
  • Lands and Deeds Registry Act — certificate of title — cancellation for impropriety/fraud — government pool houses — role of Provincial Housing Committee in allocation — bona fide purchaser and constructive notice — Registrar to effect cancellation.
30 June 2020
Edgar Sibupiwa v The People (Appeal 196 of 2018) [2020] ZMSC 49 (24 June 2020)
24 June 2020
Barclays Bank PLC v Njovu and Ors (SCZ 8 21 of 2019) [2020] ZMSC 147 (23 June 2020)
Single judge may hear stay applications, but stay refused where leave to appeal lacks prospects and finality concerns prevail.
  • Jurisdiction — single judge powers to grant interlocutory relief; Stay of execution — test: prospects of success, irreparable prejudice and special circumstances; Procedural finality — effect of appeal dismissal for procedural non-compliance; Reopening v relaunching appeals; Requirement for leave to file out-of-time applications.
23 June 2020
Barclays Bank Zambia Plc v Jeremiah Njovu and 41 Others (SCZ/8/21/2019) [2020] ZMSC 174 (23 June 2020)
Whether a single judge may stay an Industrial Relations Court judgment pending leave to appeal after a Supreme Court dismissal.
  • Procedure — stay of execution pending appeal — jurisdiction of single judge of Supreme Court to grant stay of lower court judgment — finality of Supreme Court decisions — requirement to preview prospects of success and show irreparable prejudice — relaunching appeal after procedural dismissal.
23 June 2020
Given Lubinda v Lifwekelo & Daily Nation Newspaper Limited (Appeal 2 of 2018) [2020] ZMSC 42 (23 June 2020)
23 June 2020
Given Nganzimba & Others v The People (Appeal 173 of 2017) [2020] ZMSC 46 (17 June 2020)
17 June 2020
Josias Phiri v The People (Appeal 221 of 2017) [2020] ZMSC 47 (17 June 2020)
17 June 2020
Patrick Kabwe v The People (Appeal 621 of 2013) [2020] ZMSC 43 (17 June 2020)
17 June 2020
Patrick Kabwe v the People (Appeal No. 621/2013) [2020] ZMSC 183 (17 June 2020)
Failed provocation does not automatically afford extenuation; severe, excessive violence justified dismissal of sentence mitigation.
  • Criminal law — murder — sentence — alleged provocation as extenuating circumstance — failed defence of provocation not automatically mitigating — objective threshold required — excessive and prolonged force defeats provocation.
17 June 2020
Shadreck Maliseni Biyemba Njobvu v The People (Appeal 165 of 2017) [2020] ZMSC 45 (17 June 2020)
17 June 2020
Bidvest Food Zambia Ltd and Ors V CAA Imports and Exports (Appeal 56 of 2020) [2020] ZMSC 169 (11 June 2020)
Leave under section 13 is limited to grounds raising a point of law of public importance; non-qualifying grounds are severed.
  • Appeals — Leave under section 13 Court of Appeal Act — 'Point of law of public importance' must transcend private interests — Section 13(3) factors disjunctive — Novelty alone insufficient — Leave limited to grounds raising the public-importance point — Severance of non-qualifying grounds.
11 June 2020
Hakainde Hichilema & Others v Government of TheRepublic of Zambia (Appeal 28 of 2018) [2020] ZMSC 37 (11 June 2020)
11 June 2020
Joachim Kingsley Kawawa & Another v The People (Appeal 37 of 2015) [2020] ZMSC 36 (8 June 2020)
8 June 2020
Ma'had kharmain Ali-Slamiya v Banda (Appeal 119 of 2016) [2020] ZMSC 35 (1 June 2020)
1 June 2020