[1] Admire Makuvadze (first appellant), Delight Choga (second appellant) and one Joseph Phiri (Joseph) were arrested and subsequently charged with robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the CODE). They appeared before the court of a Regional Magistrate at Gwanda. The allegations were that on 12 February 2012, at New Eclipse Mine, Shangani, the two appellants and their accomplices used violence against the complainant and took 100 kilograms of gold carbons belonging to the complainant. They were both convicted after a contested trial. Each of them was sentenced to 10 years... More
This is an urgent application for an interim interdict. The applicants’ draft provisional order is couched in the following wording
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. It be and is hereby declared that the intended withdrawal of Stand 805, Sumben Housing Project, Mt Pleasant, Harare measuring 3384 square metres from the applicants is unlawful and of no force and effect.
2. The respondents’ pay costs of the application jointly and severally the one paying the other to be absolved on... More
This is a review application against a magistrate’s decision refusing to release seized money (US$56,000 and US$22,000) to the applicants respectively after criminal proceedings against them were halted. The applicants were charged with theft, allegedly stealing cash belonging to a company and their trial commenced. Several witnesses testified, but the State failed to locate a key witness. Consequently, on the applicants’ motion, the magistrate refused further remand and removed the applicants from remand effectively ending the proceedings. The applicants then applied under section 58 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP&EA”) for return of the seized money.... More
This is an urgent chamber application for an order interdicting the first, second, fourth and fifth respondents from effecting transfer into the name of the third respondent of rights, title and interest in the immovable property known as certain piece of land situate in the District of Salisbury called stand 11 Comet Rise Township 2 of Comet Rise A measuring 4 540 square metres and held under deed of transfer no. 6678/97. The property belongs to and is registered in the name of the second respondent, a company under judicial management. The first respondent is the judicial manager of the... More
On 20 August 2010 I dismissed this application with costs. The applicant has now placed before me a written request for the full reasons behind my dismissed of its application. The applicant says it needs the reasons because it intends to file an appeal in the Supreme Court urgently. I give here below the reasons for my ruling. More
