Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 2021 September

5 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
September 2021
Dipak Kumar Desai and Anor v David Kangwa Nkonde [2021] ZMSC 166 (24 September 2021)
24 September 2021
Nyangu v Pamodzi Hotel PLC (SCZ 8 8 of 2021) [2021] ZMSC 151 (22 September 2021)
Renewal motion was incompetent because it functioned as an appeal, not reasserting original grounds to meet section 13 threshold.
Procedure — Renewal to full Court under section 4(b) Supreme Court Act and rule 48(4) — Distinction between renewal and appeal — Competency of motion where applicant attacks single judge rather than reasserting original grounds to meet section 13(3) threshold (Court of Appeal Act).
 22 September 2021
Lasford Kayula Nkonde and 18 Ors v The Attorney General (SCZ/8/7/2015) [2021] ZMSC 157 (16 September 2021)
A single judge lacks jurisdiction to hear post‑judgment extension applications affecting an appealed decision; such applications go to the full Court.
Civil procedure – Jurisdiction of single judge v full Court – Interpretation of s.4 Supreme Court Act and Rule 48(5) – Post‑decision applications (extension of time/motion to re‑open) must be made to full Court – No obligation to hear parties on jurisdiction where forum lacks jurisdiction.
 16 September 2021
JACKSON SAKALA V THE PEOPLE (Appeal No. 60/2021) [2021] ZMSC 159 (7 September 2021)
Circumstantial recent-possession evidence upheld convictions; death for murder affirmed and life imprisonment for aggravated robbery imposed.
Criminal law – Circumstantial evidence and recent possession of stolen property – identification of goods without receipts/serial numbers – drawing only reasonable inference of guilt – aggravated robbery elements (offensive weapon) – appellate deference to trial judge credibility findings – sentencing: separate sentences; death for murder; life imprisonment for aggravated robbery where grievous bodily harm not pleaded.
 7 September 2021
Kapsch Trafficcom South Africa Holding Pty Limited v Intelligent Mobility Solutions Limited (SCZ/07/32/2024) [2021] ZMSC 172 (3 September 2021)
Court allowed withdrawal and amendment of a non‑compliant record of motion, holding dismissal is discretionary and fact‑dependent.
Civil procedure – record of motion – withdrawal to correct non‑compliance – Rule 68(2) discretionary; withdrawal not automatically dismissal – Rubicon principle and prejudice as determinative factors.
 3 September 2021