Subordinate Court of Zambia - 2024 October

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4 judgments

Citation	Judgment date
October 2024
Chachinja Money Lenders v Mungole Chimpende (2024/SID/108) [2024] ZMSUB 10 (15 October 2024) A valid loan existed, but excessive interest was unlawful; court awarded a reduced sum capped under the Money Lenders Act. Contract law – existence of loan agreement; Unconscionability and usury – excessive interest unenforceable; Money Lenders Act – statutory cap (48%) limits recoverable interest; Courts may refuse enforcement of illegal terms but award proportionate lawful recovery.	15 October 2024
Martin Sichilya v Dr. Kapaza Lungu (2024/SD/84) [2024] ZMSUB 7 (15 October 2024) Verbal periodic tenancy arises from possession and accepted rent; tenant liable for damage beyond fair wear and tear. Landlord and tenant law — unregistered written lease void as a legal estate; possession and accepted rent create periodic tenancy; tenant’s repair obligations versus fair wear and tear under Rent Act; proof and quantum of repair costs.	15 October 2024
Gardner Syakantu and Ors (CRMP/014/23) [2024] ZMSUB 14 (6 October 2024) A subordinate court cannot state a case under section 341 during an ongoing trial; SI No.10/2024 does not oust jurisdiction. Criminal procedure – Section 341 CPC – Case stated may only be made after hearing and determination – Timing of case-stated procedure – Statutory Instrument No.10/2024 Rule 3 – Effluxion of time does not automatically oust subordinate court jurisdiction – Frivolous/dilatory applications.	6 October 2024
The People v Christopher Mombe (3D/47/24) [2024] ZMSUB 1 (4 October 2024) Prosecution proved unlawful wounding beyond reasonable doubt; unsworn intoxication and provocation defences were unproven, leading to conviction. Criminal law – Unlawful wounding (s232(a)) – burden and standard of proof beyond reasonable doubt – unsworn testimony of accused of diminished weight – intoxication and provocation require evidence of incapacity or loss of self-control to negate intent.	4 October 2024