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Citation
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Judgment date
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| September 2020 |
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30 September 2020 |
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30 September 2020 |
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Whether rebuttal evidence was properly admitted and whether conviction and death sentence were justified amid a fight and mob-beating.
Criminal law – admissibility of rebuttal evidence – distinction between Part VI (s.210) for subordinate courts and Part IX (s.294) for High Court – identification by recognition – single-source fatal head injury – malice aforethought – mandatory death sentence and absence of extenuating circumstances (s.201(b)).
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30 September 2020 |
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30 September 2020 |
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Circumstantial evidence upheld conviction; absence of proven drunkenness led to reinstatement of mandatory death sentence.
Criminal law — Murder — Circumstantial evidence; identification by abandoned property (shoes and borrowed bicycle); recording of verdict; sentencing — drunkenness not proven, mandatory death penalty reinstated.
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30 September 2020 |
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30 September 2020 |
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30 September 2020 |
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Circumstantial evidence upheld the murder conviction; lack of proof of drunkenness removed mitigation and reinstated the death sentence.
Criminal law – murder – circumstantial evidence sufficiency; inference from property/shoes found near body; verdict recording; drunkenness as extenuation; mandatory death sentence reinstated.
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30 September 2020 |
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A court may order security for costs (including a caveat) against a foreign-resident plaintiff at any stage; discretion was properly exercised.
Civil procedure – security for costs – application may be made at any stage – discretion to order security – factors to consider – foreign plaintiff owning local property – caveat/attachment as permissible security.
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29 September 2020 |
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Court upheld a security-for-costs order and permitted a caveat on a non-resident plaintiff’s local property.
Civil procedure – Security for costs – Non-resident plaintiff – Timing of application (any stage) – Discretionary exercise of court’s power – Attachment/caveat as permissible temporary security – Property ownership not absolute bar to security for costs.
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29 September 2020 |
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29 September 2020 |
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29 September 2020 |
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Registered joint tenancy and survivorship vested sole ownership in the respondent, permitting summary possession under Order 113.
Property law – joint tenancy and right of survivorship; conclusiveness of certificate of title; summary possession under Order 113 after withdrawal of licence; multiplicity of actions/abuse of process.
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29 September 2020 |
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Court reduced excessive damages, ruled judges may assess damages, and adjusted funeral expenses for reasonableness.
Civil damages — loss of expectation of life — awards must be moderate; Special damages — proof and reasonableness of funeral expenses; Assessment of damages — High Court judge’s jurisdiction v Registrar/Deputy Registrar; Interest on judgments — short term deposit rate then Bank of Zambia lending rate.
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24 September 2020 |
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23 September 2020 |
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23 September 2020 |
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23 September 2020 |
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23 September 2020 |
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18 September 2020 |
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18 September 2020 |
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Failure to prove payment and absent written evidence defeated the appellant’s claimed resulting trust in land; appeal dismissed.
Property law – resulting trust – proof of payment and intention; Statute of Frauds and writing for trusts of land; certificate of title conclusive (Lands and Deeds Registry Act s33); bona fide purchaser for value without notice; appellate interference with factual findings.
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18 September 2020 |
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Failure to prove payment and absence of written memorandum defeated resulting trust claim; certificate of title and bona fide purchaser prevailed.
Property law – resulting trust – necessity of proving payment to invoke presumption – Statute of Frauds (1677) and writing requirement for trusts of land – Lands and Deeds Registry Act, s.33 (certificate of title conclusive) – bona fide purchaser for value without notice and priority in equity.
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18 September 2020 |
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Corporal punishment for an adult offender is inappropriate unless the offence involves brutality rather than mere brutishness.
Criminal law – Sentence – Indecent assault – Corporal punishment for adults permissible only where offence involves brutality (not mere brutishness); R v Subulwa applied.
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18 September 2020 |
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16 September 2020 |
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A purchaser with notice cannot acquire whole title from a vendor who lacked legal interest; estate restored full ownership.
Land law; bona fide purchaser and constructive notice; nemo dat quod non habet; nullity for want of jurisdiction; cancellation of certificate of title and rectification of Lands Register; duties of purchaser to enquire of occupant.
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11 September 2020 |
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Conviction on strong circumstantial evidence upheld; no proven drunken extenuation so custodial sentence set aside and death penalty reinstated.
Criminal law – Circumstantial evidence – Sufficiency and cogency to sustain murder conviction; evidence of possession/abandonment of items near body; verdict formalities; sentencing – drunkenness as extenuation and mandatory death penalty.
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11 September 2020 |
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Alleged fraudulent dispositions by an administrator created a constructive trust; therefore section 19(1) excluded the twelve‑year limitation.
Limitation Act 1939 – sections 19(1) and 20 – constructive trust and fraudulent breach of trust – administrator of intestate estate – sale without court authority – bona fide purchaser for value without notice – limitation excluded where trustee party or privy to fraud.
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4 September 2020 |
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Section 19(1) excludes limitation where beneficiaries allege trustee fraud; appellant’s claim held not statute‑barred and remitted for trial.
Limitation Act (1939) - ss.19(1) & 20 - exclusion of limitation where beneficiary alleges fraud or fraudulent breach of trust; constructive trust where administrator acquires title; administrators' fiduciary duties and prohibition on selling estate property without court authority (Intestate Succession Act); bona fide purchaser for value without notice defence; dismissal for being statute‑barred reversed and matter remitted for trial.
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4 September 2020 |
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Non‑joinder of induced parties is not fatal in an inducing‑breach claim; High Court jurisdiction and summary dismissal were improperly applied.
Civil procedure – economic tort of procuring breach of contract – non‑joinder of induced parties not fatal; jurisdiction – Cotton Board of Zambia does not oust High Court jurisdiction absent express provision; Order 14A, RSC – preliminary issues unsuitable for final disposal where merits require full hearing; obiter industry‑wide pronouncements on pre‑finance agricultural contracts set aside.
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1 September 2020 |