After hearing parties on 2 November 2021, we handed down our judgment on the appeal ex-tempore. Hereunder appears the judgment.
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dated 9 December 2020 under HH 787/20, dismissing the appellant’s application for a declaratur that he had discharged the judgment debt under HC 2155/20 for the payment of duty in the sum of US$52 483.34 by the payment of an amount of RTGS 1 364 568.14. Aggrieved by the judgment of the court a quo, the appellant filed the present... More
This is an appeal against a judgment of the High Court rendered on 25 January 2017 dismissing with costs a claim by the appellant for damages for defamation arising out of a series of articles published by the respondent’s newspapers. In dismissing the claim the court a quo upheld the defence of qualified privilege pleaded by the respondent to the claim. More
MAKARAU JA: The appellant and another who is not a party to this appeal, appeared before the High Court sitting at Harare, charged with one count of murder. After a contested trial, they were found guilty of murder with actual intent and were sentenced each to 25 years imprisonment. It was the finding of the court a quo that on 11 March 2011, they had unlawfully and intentionally caused the death of one Alneshto Bayeta by pushing him down a steep slope into Marongora Game Park which is infested with wild animals. More
This is an appeal against the judgment of the Labour Court dismissing an appeal that in turn had sought an order setting aside an arbitral award finding the appellant guilty of misconduct and dismissing him from employment as a consequence thereof. Having found no merit in the appeal the Labour Court upheld the award and confirmed the dismissal of the appellant from the respondent’s employ. More
This is an automatic appeal against both conviction and sentence. The appellant in this matter is a male adult who was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 17 September 2012. The charge related to the death of a minor child, Gamuchirai Mvumba who was merely three years old at the time of her demise. As a result, he was sentenced to death. At the hearing, the appeal was dismissed. The reasons for the order are set out hereunder. More
