This is an appeal against the judgment of the High Court (the court a quo) granting the respondent leave to appeal to the High Court against the appellant’s discharge at the close of the State case at the Magistrate’s Court. At the conclusion of the hearing we dismissed the appeal and indicated that our reasons will follow. These are the reasons.
FACTS
The appellant was arraigned before the MagistrateCourt charged with: -
1. Contravening Section 3(1) (a) of the Precious Stones Trade Act [Chapter 21:06] and;
2. Contravening Section 3(1) (a) of the Gold Trade Act, [Chapter 21:03].
In the... More
This is an appeal against part of the judgment of the High Courtawarding to the respondent, sole ownership of thematrimonial home, the payment of US$7 199.74 from their joint Lloyds Bank account, and the payment of US$5 000 as contribution towards the respondent’s legal costs and costs of suit. More
This is a chamber application which was made in terms of r 39 (4) of the Rules of the Supreme Court, 1964. The applicant was seeking an order to lead further evidence in a matter which had been heard on appeal in this court and was awaiting judgment. More
1. This is an application for condonation and reinstatement of appeal. The application is brought in terms of r 70 (2) of the Supreme Court Rules 2018. If successful, the applicant intends to appeal against the whole judgment of the High Court under case number HCH 4750/11. The judgment was handed down on 12 February 2024 under judgment number HH 64/24. More
MAVANGIRA JA:
1. This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.
2. The appellant was charged with murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter9:23]. The allegation was that on 23 October 2011 at house number 221 Ephraim Blank Street, Chivhu, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her on fire causing severe burns all over her body, from which injuries she died on 26 October 2011. More
