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Subordinate Court of Zambia - 2024 October

4 judgments
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4 judgments
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