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Supreme Court of Zambia - 2024 April

3 judgments
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3 judgments
April 2024
Astro Holding Limited and Ors v Edgar Hamulele (Sued as receiver of courtyard hotel in receivership) and ors (SCZ/8/26/2021) [2024] ZMSC 10 (25 April 2024)
Application for leave to appeal dismissed; filing was timely and counsel wrongly condemned, but proposed grounds failed statutory threshold.
  • Civil procedure — leave to appeal to Supreme Court — computation of time under Supreme Court Rules (public holidays) — mischaracterisation of ruling dates and counsel misconduct — section 13(3) Court of Appeal Act threshold for leave (point of law of public importance, prospects of success, compelling reasons) — appellate power under section 24 to grant relief necessary for justice — no novel unjust enrichment issue.
25 April 2024
Mabvuto Mwale and Anor v The People (Appeal No. 27,28/ 2020) [2024] ZMSC 2 (19 April 2024)
Whether a Director may authorise use of government vehicle and driver for private consultancy and whether that constitutes abuse of office.
  • Abuse of authority of office — authorisation of government vehicle and driver for private consultancy — Director of Geological Survey powers under s124 Mines and Minerals Development Act — credibility of administrative witnesses — sentencing for misdemeanour; fine preferred for first offender.
19 April 2024
Masautso Banda v The People (SCZ NO. 128/2021) [2024] ZMSC 3 (19 April 2024)
Whether the appellant proved a statutory honest-belief defence as to age, and whether the 40-year sentence was excessive.
  • Criminal law — Defilement — Statutory defence of honest belief as to age under s.138(1) — requirement of reasonable cause and actual belief — sentencing discretion for defilement (15 years to life) — appellate interference only if sentence shocks court.
19 April 2024