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Citation
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Judgment date
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| November 2023 |
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Oral accusations of murder at a village meeting constituted defamation; plaintiff awarded modest damages and costs.
Defamation — oral imputation of serious crime at a public meeting — elements: defamatory meaning, reference, publication — plaintiff bears burden of proof in Zambia — defences (truth/justification, reasonable publication, opinion) require clear proof — semantic distinction between 'killer' and 'murderer' not a defence — damages for vindication and solatium.
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30 November 2023 |
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Without prejudice correspondence can be admissible to prove a binding settlement when accepted and acted upon, supporting judgment for unpaid debt.
Civil procedure — Default writ and burden of proof; Evidence — admissibility of "without prejudice" negotiations to prove a concluded agreement (Tomlin principle); Contract/Debt — acknowledgment of debt and part payment; Remedies — interest and costs.
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24 November 2023 |
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Night-time burglary conviction where unsworn intoxication defence failed to rebut prosecution's credible evidence.
Criminal law – Burglary (s.301(a)) – proof beyond reasonable doubt – credibility of witnesses – unsworn testimony of accused – intoxication (s.13(4)) and intent.
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13 November 2023 |
| October 2023 |
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Prosecution failed to establish a prima facie case of defilement due to unreliable medical and witness evidence; accused acquitted.
Criminal law — Defilement — No case to answer — Prima facie standard — Unreliable medical report and absence of medical witness — Discredited witness evidence — Investigative lapses.
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18 October 2023 |
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Accused convicted of theft where circumstantial evidence and possession of the complainant’s jacket excluded reasonable hypotheses of innocence.
Criminal law – Theft – Burden of proof beyond reasonable doubt – Circumstantial evidence – Afterthought defence – Identification and possession of stolen property – Intention to permanently deprive.
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2 October 2023 |
| September 2023 |
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Plaintiff's claim for return of goods dismissed because group constitution authorised seizure as security and plaintiff remained indebted.
Civil procedure; Restitution and unjust enrichment; Savings-group constitution; Seizure of member property as security; Credibility of witnesses; Refusal to grant relief not established in evidence.
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28 September 2023 |
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Buyer failed to prove payments; valid contract existed, repossession amounted to trespass but did not justify refund; claim dismissed.
Contract law – formation and enforceability of oral and written terms; parol evidence and collateral oral terms; burden of proof in civil claims (he who alleges must prove); repossession and trespass for unpaid goods; nominal damages when injury shown but loss unproven; costs and right of appeal.
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14 September 2023 |
| August 2023 |
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Plaintiffs succeeded in conversion/restitution claim for beans and chickens; defendants ordered to restitute or pay market value with interest.
Civil law – restitution and unjust enrichment – conversion of goods left in custody – admissibility of criminal-process documentary evidence in civil proceedings – proof on balance of probabilities.
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17 August 2023 |
| July 2023 |
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Circumstantial evidence and a voluntary confession led to conviction for stock theft of a goat.
Criminal law — Stock theft (s.275) — Ingredients of offence; Circumstantial evidence — cogency and exclusion of innocent hypothesis; Confession — voluntariness and admissibility; Leading accused to scene — self-incrimination; Evidential burden on accused to raise defence.
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31 July 2023 |
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Accused convicted of assault occasioning actual bodily harm; inadequate alibi and weak defence evidence failed to raise reasonable doubt.
Criminal law – Assault occasioning actual bodily harm – Burden of proof; alibi evidential burden and police investigation; weight of unsworn testimony; caution as to relatives' evidence; corroboration by odd coincidences and medical report.
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17 July 2023 |
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The court held a mandatory trial-within-a-trial and admitted the accused's confession as voluntary evidence.
Criminal procedure — trial-within-a-trial — voluntariness of confession — burden on prosecution to negate inducement beyond reasonable doubt — Judges' Rules — admissibility of confession.
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11 July 2023 |
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Intoxication did not negate intent; prosecution proved unlawful entry and guilty mind for criminal trespass beyond reasonable doubt.
Criminal trespass — elements: unlawful entry without permission and requisite intent — intoxication as defence (s.13(4)) requires incapacity to form intent — burden on prosecution to prove guilt beyond reasonable doubt — attempted flight and habitué status as indicia of guilty mind.
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11 July 2023 |
| June 2023 |
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Prosecution proved criminal trespass where accused entered signposted private plantation and unsworn defence was inconsistent.
Criminal trespass – unlawful entry onto private property – notice by signage – burden on prosecution to prove intent and lack of permission beyond reasonable doubt – weight of unsworn defence evidence.
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26 June 2023 |
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Intoxication did not negate intent; accused convicted of criminal trespass for entering fenced private premises.
Criminal trespass – unlawful entry onto private, fenced premises – intent to commit offence – intoxication defence under section 13(4) Penal Code – burden of proof beyond reasonable doubt – dock identification.
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26 June 2023 |
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Unlawful distraint: landlord must obtain court leave before seizing tenant’s goods; restitution ordered to remedy unjust enrichment.
Landlord and tenant law – distraint/distrain – Rent Act (Cap. 206) s.14 requires court leave to levy distress; unlawful distraint; unjust enrichment and restitution; exclusion of benefit from illegality.
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22 June 2023 |
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Accused convicted for naming the respondent a wizard; acquitted of using insulting language due to insufficient proof.
Witchcraft Act s3(a) – naming a person a wizard; Penal Code s179 – insulting language; identification at night by acquaintances; evidential burden on alibi; caution with relatives’ testimony; human-rights implications of witchcraft accusations.
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21 June 2023 |
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Circumstantial evidence and an unreliable alibi led to conviction for breaking into a workshop and stealing power tools.
Criminal law – Breaking and entering and theft – Elements of offence – Burden of proof beyond reasonable doubt – Alibi: requirement of particularity and timely raising – Circumstantial evidence: cogency and exclusion of reasonable hypothesis of innocence.
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14 June 2023 |
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Circumstantial evidence and an implausible afterthought defence supported convictions for stock theft.
Criminal law – Stock theft (s.275 Penal Code) – burden of proof beyond reasonable doubt – circumstantial evidence and ‘odd coincidences’ – credibility of afterthought defence and disputed documentary evidence.
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2 June 2023 |
| May 2023 |
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Whether retention of savings-group funds constituted conversion and liability to repay K13,623.00 with interest.
Conversion of money; implied debt and restitution; subordinate court equitable jurisdiction; measure of damages for conversion; savings group funds misappropriation.
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18 May 2023 |
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Circumstantial evidence and unrebutted possession of stolen items established burglary and theft beyond reasonable doubt.
Criminal law – Burglary and theft – Elements and burden of proof – Circumstantial evidence and odd coincidences as corroboration – Afterthought defence and failure to call corroborative witness.
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16 May 2023 |
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Conviction for theft where possession, silence, and absence of a bona fide claim supported inference of dishonest intent.
Criminal law – Theft (s.272 Penal Code) – possession and conversion of property – intention to permanently deprive – burden of proof beyond reasonable doubt – accused’s silence and claim of right.
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16 May 2023 |
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Accused convicted for pretending to be an advocate under the Legal Practitioners Act after personation not proved.
Criminal law — Personation vs. professional impersonation; requirement of intent to defraud under section 378 Penal Code; substitution of charge; Legal Practitioners Act s.43 — pretending to be an advocate; burden of proof and benefit of doubt to accused.
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16 May 2023 |
| March 2023 |
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Whether the prosecution proved that the accused, a public servant, fraudulently moved and sold government containers.
Criminal law - Theft by public servant - Elements: actus reus (taking/movement) and mens rea (fraudulent intent) - Proof that property belonged to Government - Evidential corroboration of witness testimony and transactions - Disposal of government assets and role of Ministry of Works and Supply.
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23 March 2023 |