|
Citation
|
Judgment date
|
| September 2020 |
|
|
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.
|
30 September 2020 |
|
|
30 September 2020 |
|
|
30 September 2020 |
|
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.
|
30 September 2020 |
|
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.
|
29 September 2020 |
|
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.
|
29 September 2020 |
|
|
29 September 2020 |
|
|
29 September 2020 |
|
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.
|
29 September 2020 |
|
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.
|
24 September 2020 |
|
|
23 September 2020 |
|
|
23 September 2020 |
|
|
23 September 2020 |
|
|
23 September 2020 |
|
|
18 September 2020 |
|
|
18 September 2020 |
|
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.
|
18 September 2020 |
|
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.
|
18 September 2020 |
|
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.
|
18 September 2020 |
|
|
16 September 2020 |
|
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.
|
11 September 2020 |
|
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.
|
11 September 2020 |
|
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.
|
4 September 2020 |
|
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.
|
4 September 2020 |
|
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.
|
1 September 2020 |
| August 2020 |
|
|
|
25 August 2020 |
|
Whether an operator breached duty by emitting sulphur dioxide causing death; appeal dismissed and damages increased.
Environmental/tort law – duty of care for industrial emissions; statutory/regulatory limits as guidance not absolute defence; causation by toxic gas inhalation; expert evidence evaluation; indemnity under environmental liability agreement limited to compliant conduct; assessment and increase of general damages for prolonged pollution.
|
24 August 2020 |
|
|
20 August 2020 |
|
|
20 August 2020 |
|
Whether convictions resting solely on identification evidence are safe where parades, eyewitness reliability, and risk of mistaken identification are in issue.
Criminal law — Identification evidence — Value of identification parades — Courtroom identification inadmissible without satisfactory explanation — Single-witness identification requires corroboration or distinctive features — Risk of honest mistake must be excluded before conviction.
|
20 August 2020 |
|
Court assessed reliability of identification evidence, quashing unsupported courtroom IDs and upholding parade-backed identifications.
Identification evidence — Identification parade vs courtroom identification — Single-witness identification — Risk of honest mistake — Sufficiency of identification to sustain conviction.
|
20 August 2020 |
|
|
20 August 2020 |
|
|
20 August 2020 |
|
|
20 August 2020 |
|
Whether defective voire-dire recording and proof of age vitiate a defilement conviction; sentence reduced as excessive.
Criminal law – defilement – voire dire (recording questions and answers) – proof of age of child – corroboration and identity – adequacy of trial judgment – appellate review – excessive sentence reduced.
|
19 August 2020 |
|
|
19 August 2020 |
|
|
19 August 2020 |
|
|
19 August 2020 |
|
|
19 August 2020 |
|
Court upheld conviction where sole eyewitness (deceased’s wife) was found credible despite initial concealment and inconsistencies.
Criminal law – witness credibility and corroboration – suspect witnesses (relative of deceased) – child witness treated as ordinary witness post-amendment – threats as special and compelling grounds to exclude danger of false implication – post-mortem corroboration – alibi investigation.
|
19 August 2020 |
|
Whether uncorroborated testimony of a witness close to the victim and a res gestae statement can sustain murder conviction.
Criminal law – evidence – witness with interest and corroboration – identification evidence – admissibility of victim’s statements as res gestae – sufficiency of direct evidence versus circumstantial inference.
|
19 August 2020 |
|
Appeal allowed: conviction quashed because sole eyewitness with potential bias was unreliable and lacked corroboration.
Criminal law — Identification evidence — Witness with possible interest to serve — Need for corroboration or evidence excluding danger of false implication — Effect of accused's notoriety on reliability of eyewitness identification; character evidence in context.
|
19 August 2020 |
|
|
14 August 2020 |
|
|
14 August 2020 |
|
|
14 August 2020 |
|
|
13 August 2020 |
|
|
13 August 2020 |
|
|
13 August 2020 |
|
|
12 August 2020 |
|
|
6 August 2020 |