This is an appeal against the decision of the Magistrates Court sitting at Chinhoyi. The trial court had upheld the now respondents’ relief for summary judgment against appellants. On the 8th of July 2024, after a long and protracted hearing we dismissed the summary judgment and allowed the appeal through an extempore ruling. A request for judgment was made on the same day before closure of business prompting us to request for the transcript of the record of proceedings as it bore the reasons for our judgment. These are the reasons. More
The accused was convicted on a charge of culpable homicide arising from a road traffic accident in contravention of s49 (a) of the Criminal Law Code. He was sentenced to pay a fine of $30 000 in default of payment 60 days imprisonment. In addition 6 months imprisonment was conditionally suspended for 5 years. In addition the accused was prohibited from driving all classes of vehicles for 2 years. The accused drove a Freightliner truck towing a trailer loaded with 30 tonnes of polythene bags of maize. Four passengers were on board sitting on the polythene bags. The deceased was... More
According to the State case, on 2 November 2021 at about 2300 hours, the accused persons approached the deceased one Melody Makaramba with fake gold. The deceased was a known gold smelter and gold buyer in this community of Etna 148 Mine, Kadoma. He would religiously attend to any person anytime. Thus, the accused persons could approach him as late as 2300hrs.When the deceased opened the door to attend to them, the accused pretended to give him gold, they immediately attacked the deceased and strangled him with a wire, and hit him with an iron pestle. The 1st accused stabbed... More
The accused is facing one count of murder in contravention of s 47
(1)(a) and two counts of attempted murder in contravention s189 as read with section 47 (1) of the Criminal Code respectively. She was jointly charged with one Faison Tomu ‘Faison’ who has since absconded. This judgment therefore relates to the accused only. More
On the 24th of October 2020 and at Kenz Bar, Kenzamba the accused in the company of two other accomplices assaulted the deceased one Richard Makazhu with booted feet and clenched fists resulting in the death of the deceased. The two accomplices have since absconded, the accused is before us charged with murder in contravention of s47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). More
