Results.
3,947 judgments found.
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| December 2021 |
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Related eyewitnesses' evidence need not be treated as suspect absent bias; photographic and post‑mortem corroboration can sustain conviction despite fingerprint omissions.
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Criminal law — eyewitness evidence — related witnesses not automatically suspect; corroboration by photographs and post‑mortem — identity corroborated by presence at scene — failure to fingerprint weapon not fatal where ample other evidence implicates accused.
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7 December 2021 |
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Whether a withdrawn cross-appeal may be restored years later when no fundamental error is shown and counsel misled the court.
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Practice and procedure — Appeal and cross-appeal — Restoration of withdrawn cross-appeal — Rule 48(5) and Rule 63 — Fundamental error as basis for restoration — Withdrawal vs nullity — Abuse of process — Duty of legal practitioners not to mislead court — Personal costs for misconduct.
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2 December 2021 |
| November 2021 |
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Cogent circumstantial evidence and credible weapon identification upheld conviction; appeal dismissed.
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Criminal law — Circumstantial evidence — Identification of weapon — Alibi — Appellate review of witness credibility and findings of fact.
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2 November 2021 |
| October 2021 |
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Appellant may withdraw and amend a defective record of appeal under Rule 68 where respondents suffer no prejudice.
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Civil procedure — Appeal — Record of appeal — Compliance with Rule 58(2) & 58(4)(j) — Amendment under Rule 68 — Supplementary record under Rule 59 — Dismissal vs curative amendment — Prejudice test.
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27 October 2021 |
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26 October 2021 |
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Appeal dismissed: conviction for indecent assault upheld based on opportunity, unexplained conduct and guard's evidence despite limited direct corroboration.
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Criminal law — Sexual offences — Requirement of corroboration of both commission and identity — Corroboration by opportunity and unexplained 'odd coincidences' — Late complaint by a child complainant — Appellate review of sufficiency of evidence.
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5 October 2021 |
| September 2021 |
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24 September 2021 |
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Renewal motion was incompetent because it functioned as an appeal, not reasserting original grounds to meet section 13 threshold.
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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).
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22 September 2021 |
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A single judge lacks jurisdiction to hear post‑judgment extension applications affecting an appealed decision; such applications go to the full Court.
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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.
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16 September 2021 |
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Circumstantial recent-possession evidence upheld convictions; death for murder affirmed and life imprisonment for aggravated robbery imposed.
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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.
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7 September 2021 |
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Court allowed withdrawal and amendment of a non‑compliant record of motion, holding dismissal is discretionary and fact‑dependent.
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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.
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3 September 2021 |
| August 2021 |
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10 August 2021 |
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10 August 2021 |
| July 2021 |
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Supreme Court declined leave to appeal, finding VAT-on-settlement-capital dispute not a point of law of public importance.
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Tax law — VAT on finance lease settlement capital — Whether VAT payable upon premature termination of a finance lease; Leave to appeal — point of law of public importance; Supreme Court jurisdiction — filtering appeals from Court of Appeal; Zambia Revenue Authority guidance considered.
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30 July 2021 |
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14 July 2021 |
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8 July 2021 |
| June 2021 |
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High Court may enforce Bill of Rights but cannot review or annul decisions of superior courts; appeals under Article 28 lie to the Supreme Court.
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Constitutional law — Article 28 enforcement of Bill of Rights — scope of High Court powers; Article 128 Constitutional Court jurisdiction; appellate route under Article 28(2)(b); limits on reviewing superior courts; abuse of process/forum shopping.
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18 June 2021 |
| May 2021 |
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17 May 2021 |
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6 May 2021 |
| April 2021 |
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26 April 2021 |
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23 April 2021 |
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23 April 2021 |
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23 April 2021 |
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23 April 2021 |
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23 April 2021 |
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21 April 2021 |
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21 April 2021 |
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21 April 2021 |
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21 April 2021 |
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21 April 2021 |
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21 April 2021 |
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15 April 2021 |
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14 April 2021 |
| March 2021 |
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A writ need not be endorsed if accompanied by a full statement of claim; appeal dismissed with costs.
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Civil procedure — Writ of summons — Endorsement of claim — Order VI(1) High Court Rules (as amended by SI No.71 of 1997) — Action may be commenced by writ endorsed with or accompanied by full statement of claim.
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31 March 2021 |
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31 March 2021 |
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A taxpayer must produce ASYCUDA/CE20 documents bearing its TPIN and assessment number to claim import VAT refunds; failure permits disallowance.
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Tax law — VAT refunds — prescribed documentary evidence for imported goods — ASYCUDA/CE20 to carry TPIN and assessment number (Rule 15(1)) — burden of proof on taxpayer to substantiate refund claims — disallowance justified for mismatching/wrong TPINs — corporate representation by advocate; lay representation disallowed.
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25 March 2021 |
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25 March 2021 |
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24 March 2021 |
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Appellant’s 35-year manslaughter sentence reduced to 10 years due to guilty plea, first-offender status and remorse.
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Criminal law — Sentencing — Manslaughter of infant — Aggravating conduct (assault on mother) versus mitigation (first offender, guilty plea, remorse) — Consistency and predictability in appellate sentencing — Reduction of excessive sentence.
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4 March 2021 |
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Circumstantial and leading evidence corroborated by physical items and recent possession justified convictions; appeal dismissed.
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Criminal law — circumstantial evidence — admissibility of evidence obtained by accused 'leading' police — voluntariness — doctrine of recent possession — evidential weight of real evidence; failure to lift fingerprints not fatal where possession is established.
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4 March 2021 |
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Appeal allowed: smuggling conviction overturned where evidence did not establish procurement of illegal entry into Zambia.
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Anti-Human Trafficking Act — smuggling of persons — requirement of procuring illegal entry into the country — conflict of accounts as to place of pickup (inside Zambia v outside) — weight of unchallenged witness evidence — conviction and sentence set aside.
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4 March 2021 |
| January 2021 |
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Appellants' fortification order set aside and interlocutory injunction discharged for lack of formal application and improper merits determination.
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Interlocutory injunctions — fortification of cross‑undertaking to pay damages — Order 29/L/29 RSC requires a formal application with affidavit evidence showing likely significant loss and insufficiency of ordinary undertaking; skeleton argument insufficient — courts must not decide substantive merits at interlocutory stage — expired exclusivity/no evidence of extension — injunction improperly granted.
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28 January 2021 |
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Slip-rule correction denied where application amounted to substantive review and was filed beyond the fourteen-day limit under Rule 48(5).
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Civil procedure — Supreme Court Rules: Rule 78 (slip rule) permits correction of clerical/typographical slips only; not a vehicle for substantive review. Rule 48(5) requires applications involving an appeal decision to be made within fourteen days. Time-barred and substantive complaints cannot be cured under the slip rule
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21 January 2021 |
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Unit-holders under a common leasehold hold proportional shares in common property; the respondent could not sell a common part without their consent.
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Common Leasehold Schemes Act — common property as appurtenant easements — unit-holders as tenants in common with proportional shares — restrictions on disposal (s7(1), s7(3)(a), s20) — Originating Summons/Chambers jurisdiction (High Court Rules Order 30 r11, Order vi r1) — cancellation of title issued for common part.
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19 January 2021 |
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Leave to appeal refused: no merit in claims of demotion, constructive dismissal, or procedural omission by the Court of Appeal.
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Employment law — constructive dismissal — demotion — unilateral variation of reporting lines/job description — appellate consideration of party submissions — leave to appeal criteria under s.13(3).
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13 January 2021 |
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Leave to appeal granted because the post‑mortem’s indication of possible poisoning raised material doubt on causation.
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Criminal law — Manslaughter — Causation and proof beyond reasonable doubt — Post‑mortem indicating possible poisoning — Joint adventurers liability where multiple assailants inflict cumulative fatal injuries — Leave to appeal granted.
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13 January 2021 |
| December 2020 |
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A gratuitous government payment based on individual merit does not constitute discrimination under Article 23.
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Constitutional interpretation — Article 23(3) — discrimination — whether list of grounds exhaustive — purposive construction balanced with textual limits — contextual test for reading unenumerated grounds — gratuitous government payments not covered if not pursuant to law or public function.
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23 December 2020 |
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Leave to appeal dismissed as incompetent due to defective summons; stay of execution rendered otiose.
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Procedure — Leave to appeal — Renewal of an application refused by Court of Appeal — Competence of summons and endorsement — Requirement to set out grounds under Section 13 Court of Appeal Act — Defective summons cannot be cured by affidavit — Stay of execution rendered otiose.
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23 December 2020 |
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Attested contracts and union representation exclude employees from Ministerial Orders absent lawful recategorisation; unpleaded relief impermissible.
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Labour law — Minimum Wages and Conditions Act — applicability of Ministerial Orders to non‑listed job titles — effect of attested individual contracts and union representation — recategorisation into protected categories — limits on granting unpleaded relief — evidential burden for transport allowance (three‑kilometre rule).
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23 December 2020 |
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Cogent circumstantial evidence and a recovered blood‑stained knife upheld conviction; the applicant's 'interested witness' claim was an afterthought.
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Criminal law — Circumstantial evidence — Corroboration by recovery of weapon — Witness with interest; afterthought — Dishonest portions of testimony do not necessarily vitiate remaining evidence.
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22 December 2020 |