Supreme Court Registry Lusaka - 2023

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2 judgments

Citation	Judgment date
June 2023
Kakunda and Ors v The People (APPEAL No. 52,53,54/2022) [2023] ZMSC 11 (8 June 2023) Whether uncorroborated evidence from detained/interested witnesses can be relied upon; recent possession and other circumstances provided "something more" to uphold convictions. Criminal law – identification evidence – witnesses with interest/accomplices – requirement of corroboration or "something more"; recent possession doctrine; failure to lift fingerprints not necessarily fatal.	8 June 2023
May 2023
Mushipe (T/A Mushipe & Associates and Suing as Executor and Trustee of the Estate of the late Funny Lunga Yolamu) v Rossi ( Suing as Executor and Trustee of the Estate of the Late Funny Lunga Yolamu) (APPEAL NO. 12/2022) [2023] ZMSC 10 (31 May 2023) A will-drafter is not an impliedly appointed executor or estate counsel absent clear naming or specific instructions. Wills — appointment of executors — express vs implied appointment; drafting and custody of a will do not imply appointment as executor; reference to "my lawyers" must identify counsel; Legal Practitioners (Practice) Rules — practitioner must act only on instructions; Wills and Administration of Testate Estates Act s.52(2) — reimbursement of legitimate expenses incurred under revoked probate.	31 May 2023