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Subordinate Court of Zambia - 2024 January

4 judgments
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4 judgments
January 2024
Albert Zombe v Victor Mulenga and 14 Ors (2023/SID/61) [2024] ZMSUB 11 (25 January 2024)
Restitution claim dismissed: savings group not a licensed money lender and plaintiff failed to prove unjust enrichment, duress, or invalid transaction.
  • Restitution/unjust enrichment — requirements for restitutionary relief; Savings groups vs Money Lenders Act — when registration is required; Interest — penal interest not established; Mortgage formalities — writing and registration required under Lands and Deeds Registry Act; Duress — burden to prove coercion to set aside transaction; Evidence — credibility, contemporaneous documents and rule in Browne v Dunn.
25 January 2024
Eunice Chishimba v Amos Kauzi (2023/SID/91) [2024] ZMSUB 9 (25 January 2024)
Plaintiff who purchased from the executor entitled to vacant possession; defendant not a bona fide purchaser lacking agent authority.
  • Property law — Sale of land — Personal representative/executor’s authority — Agency and scope of authority — Nemo dat quod non habet — Bona fide purchaser for value without notice — Duty of due diligence — Vacant possession.
25 January 2024
The People v Gardner Syakantu and Ors (CRMP/014/23) [2024] ZMSUB 15 (6 January 2024)
Court extended the five‑month hearing period under S.I. No.10/2024 by 45 days and refused a constitutional referral.
  • Criminal procedure — S.I
  • No.10/2024 (Rules) — Rule 3 five‑month hearing limit — commencement of time in carry‑over cases — Rule 17 application to pending proceedings — extension of time under Rule 3(2) and Section 37 (Interpretation Act) — purposive construction (Citibank v Dudhia) — no loss of jurisdiction on expiry — constitutional reference refused
6 January 2024
People v Edwin Sichilya (3D/86/2023) [2024] ZMSUB 5 (5 January 2024)
Accused convicted of unlawful wounding after court rejected self‑defence/accident account and found prosecution proved guilt beyond reasonable doubt.
  • Criminal law — unlawful wounding (s.232 Penal Code) — burden of proof on prosecution after not guilty plea — evaluation of conflicting testimony and credibility — self‑defence and accident rejected where evidence implausible.
5 January 2024