This is an appeal against the decision of a Regional Magistrate sitting at Chinhoyi Magistrates Court. The appellant was convicted after a protracted trial on a charge of abuse of duty as a public officer in contravention of s174 (1) of the Criminal Law Code. He was sentenced to 36 months imprisonment of which 12 months imprisonment was conditionally suspended for 5 years. More
At the onset of oral argument in this Court appellant raised 4 (four) points in limine which respondent opposed. The points shall be dealt with ad seriatim. More
The applicant appeared before the Magistrate sitting at Chinhoyi Court charged jointly with six other accused persons facing three counts of robbery and one count of theft from a motor vehicle in contravention of s126 (1) (a) and s113 of the Criminal Law (Codification and Reform Act ), [Chapter 9:23] respectively. The applicant was acquitted on the first count and convicted on two counts of robbery and theft from a motor vehicle. The applicant was cited as the seventh accused person. More
This is an urgent chamber application sui generis where the applicant is seeking a final order in the form of a declarateur against the respondents. The 2nd respondent has been cited in his official capacity as he had been in the previous suit. Under normal circumstances, an interim relief is sought by way of an urgent chamber leaving room for the parties to return to argue their case in support or against the granting of a final order. More
The brief narrative is that the applicant entered into a lease agreement with the 1st respondent a juristic entity on the 5th of March 2018. The terms and conditions pertaining to the renewal and termination of the lease where embodied in the lease which is part of the record. By mutual consent the said lease which had been renewed for a further two terms was supposed to expire on the 31st of January 2021. In the interim, the 1st respondent subletted the property in issue to one of its then employees, the 2nd respondent, in February 2019. Somewhere along the... More
