The appellant was convicted on a charge of rape in terms of s65(1)(a) after a contested trial. He was sentenced to fifteen years imprisonment, three suspended with attached conditions and twelve years effective imprisonment. He is appealing against both conviction and sentence. The grounds of appeal on conviction are basically that the court misdirected itself by making a finding that the complainant’s evidence was credible and discrediting that of the appellant as the onus of proof beyond a reasonable doubt rests on the State. More
The plaintiff issued summons for compensation in the sum of US$25 000 for improvements on Stand number 3701, Cold Stream, Chinhoyi ‘the property’ after the death of Felix Chasi alternatively that, in the event the defendant fails to pay then the plaintiff buys off the defendant from the property and costs of suit. The claim is based on unjust enrichment. More
This is an application for bail pending appeal. The principles underlying an application of this nature are summarily, the likelihood of abscondment, prospects of success and the delay before the appeal is heard as outlined in the case of S v Dzawo 1998 (1) ZLR 556(S). These are counter balanced by the interests of the administration of justice and an individual’s right to freedom. See, S v Williams 1980 ZLR 466(A). However, the rules are sterner for a convicted person than those who stands to be convicted as the latter has constitutionally entrenched rights to liberty and to be presumed... More
The appellant was sentenced to 8 years imprisonment with 4 suspended on attached conditions after being convicted of aggravated indecent assault on a minor girl child, in contravention of the main charge, s66(1) (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] following a contested trial. The alternative charge, of indecent assault as defined in s67(1)(a)(i) of the Act was withdrawn by the State before plea with the concurrence of the trial court which acknowledged unnecessary splitting of charges. More
The applicant registered a mining block known as Golden Mile 12 in 1995 with a registration number 23506.The applicant has religiously complied with all the necessary legal and statutory requirements for a valid registration. However, the validity of the registration is disputed, the 2nd respondent alleges that it was forfeited in June 2021.The forfeiture is subject to litigation.The applicant has been in occupation of the mine since 1995.In November 2021 the 1st respondent invaded the mine and advised all the occupants that he was the new owner. The applicant approached the Provincial Mining Director who advised the applicant that his... More
