Supreme Court of Zambia - 2024 June

9 judgments
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Results. 9 judgments found.

9 judgments
June 2024
Whether a one-year delay for power connection was reasonable under the contract and Regulation 14.
  • [Contract law] Reasonable time for performance; interpretation of 'at the earliest possible time' and Regulation 14; notice making time of the essence; judicial notice of a party's status as sole national supplier; assessment of procurement and COVID-19 delays.
19 June 2024
Conviction upheld where voluntary confession and recent possession proved guilt; second appellant's appeal abated on death.
  • Criminal law — Confession admissibility — Burden to prove voluntariness — Trial-within-a-trial credibility assessment — Recent possession doctrine — Appeal abatement on death of appellant.
11 June 2024
Admissions to village headmen or neighbourhood watchmen are admissible absent coercion; voluntariness is a credibility issue.
  • Criminal law — admissibility of confessions — Judges' Rules apply to persons in authority only — admissions to village headmen/neighbourhood watchmen admissible absent coercion — voluntariness and credibility — afterthoughts — failure to produce postmortem not fatal where evidence cogent.
11 June 2024
Conviction unsafe where prosecution failed to rule out accidental fire despite voice-identification and threats evidence.
  • Criminal law — murder by arson — circumstantial evidence — necessity to exclude accidental fire where no eyewitness; voice-identification and Turnbull guidance; relatives as potentially suspect witnesses — bias must be evidenced.
11 June 2024
Detention with an accused does not make a witness an accomplice; motive and corroboration determine testimonial reliability.
  • Criminal law — suspect witnesses — distinction between accomplice and witness with interest; motive to give false evidence required before special caution; detention with accused not determinative; corroboration and unchallenged evidence may render conviction safe.
10 June 2024
Last‑seen circumstantial evidence and witness credibility upheld as sufficient to sustain a murder conviction; appeal dismissed.
  • Criminal law — Circumstantial evidence — 'Last seen with' principle — Admissibility and weight of statements to private witnesses — Credibility assessments — Non‑investigation and dereliction of duty — Murder; malice aforethought.
10 June 2024
Whether provocation or false implication excused a fatal stabbing; court found no heat of passion and dismissed the appeal.
  • Criminal law — murder — provocation — elements: sudden grave provocation, loss of self-control, proportionate retaliation; witness credibility — interested witnesses and need for corroboration; fals e implication — danger where witnesses have interest; sentence — failed provocation does not constitute extenuating circumstances for mandatory death penalty.
6 June 2024
Provocation and self‑defence not established; corroboration of suspect witness upheld murder conviction and death sentence.
  • Criminal law — murder; provocation; self‑defence and defence of property; suspect witness caution and corroboration; mandatory death sentence; extenuating circumstances for sentencing.
6 June 2024
Appellant's self-defence and provocation defences rejected; murder conviction and 45-year sentence upheld.
  • Criminal law — murder — self-defence — provocation — proportionality of force — appellate deference to trial findings — sentencing discretion — appeal determined on judgment-only record.
6 June 2024