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Subordinate Court of Zambia - 2023 November

3 judgments
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3 judgments
November 2023
Derrick Sikazwe v Joseph Sikazwe and Anor (2023/SID/54) [2023] ZMSUB 22 (30 November 2023)
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.
30 November 2023
Premium Lubricants (Z) Ltd v Ravasia Petroleum Ltd (2025/CRMP/2238) [2023] ZMSUB 23 (24 November 2023)
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.
24 November 2023
People v Osward Sichangwa (3D/112/23) [2023] ZMSUB 9 (13 November 2023)
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.
13 November 2023