Suffland Mulumbwe v People (Appeal No. 148 of 1985) [1989] ZMSC 140 (12 January 1989)
There was no right of appeal to the Supreme Court or the High Court on the issue raised; the appeal was properly withdrawn and must be dismissed.
Source-derived case information.
- Citation
- [1989] ZMSC 140
- Parties
- Appellant: Suffland Mulumbwe; Respondent: The People
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- Appeal No. 148 of 1985
- Procedural Posture
- Criminal Appeal / Appeal to Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Theft by Public Servant, Fraudulent False Accounting, Criminal Procedure, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Suffland Mulumbwe
Appellant
The People
Respondent
Procedural Posture
Criminal Appeal / Appeal to Supreme Court
Legal Issues
- 1 Whether the appellant could appeal against the trial magistrate's decision to try all counts together
- 2 Whether the number of counts was embarrassing and should be reduced
- 3 Whether there was a right of appeal to the High Court or Supreme Court on this issue
Ratio Decidendi
There was no right of appeal to the Supreme Court or the High Court on the issue raised; the appeal was properly withdrawn and must be dismissed.
Court Disposition
appeal dismissed
Orders
- Leave granted to abandon the appeal
- Case to be sent back to the Subordinate Court for trial
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA HOLDEN AT LUSAKA (Criminal Jurisdiction) Appear No; 148 of 1985 .. •. '. ',·1··, SUFFLAND MULUMBWE V THE PEOPLE Appella~t ' ,· .. ·:· ,. '" '.\ '·• " ;, . Respond1rt '·;} :· ~· ''•\ CORAM: Gardner, Ag. D. C. J., Bweupe and Challa, Ag. JJ. S., 1-1. He?riq•Jes, Senior Legal Aid Counsel, for the appellant G. S. Phiri, Senior State Advocate, for the, respondent,,, .~ .. ·. ' ; . ' JUDGMENT Gardner, Ag. D. C. J., delivered the judgment of the court • The appellant was charged with thirty-five, .. counts of theft . · • • ,, ~ ' .,. ' • ~ • • • •· ~• V ,: ',,, ' ' ' Q_) by public servant and fradulent false accounting. , . At his trial, . it was submitted that the number of count~ ·~as embarra~sing and·•···. should be reduced. The trial magistrate did.not accept this argument and ordered that the appellant must stand trial on all of the counts. Thereafter the appellant was permitted to appeal to the High Court agai,nst· that decision. Th~ High Court-refused the appeal eri,,:iits merits· :and the appellant has appealed to _this court •. Miss Henriques on behalf of the appellant· indicated that he . ,, wishes to withdraw the appeal. This is a very proper course to take because there was no right of appeal to this-court and not even-to the High Court. In the result therefore l~ave is granted to abandon· the appeal.. The appeal will be dismissed and_ it is ordered that the case be sent back to the Subordinate Court for tr_ial. Bail will. continue until such time as the matter is before the Subordinate Cou.rt. . ' . . :"-_: ,: ~(~' '- :.• ~.'.'. (,( .~ ····················~····~····· B. T. Gardner 1 I , , •1•, " ACTING DEPUTYUCHIEF'JUSTICE ··························••-•···· > a: K. Bweupe ACTING·SUPREME COURT'JUDGE ' ' ························••·••····· M.s:-Chan'a ; •··, ' ACTING SUPREME COURT JUDGE '. --~ ""'"' ,, t l.~ ),. , .•