On 12 June 2012 the appellant appeared at Rotten Row Magistrate Court, Harare facing two counts of fraud as defined by s 136 of the Criminal Law (Codification and Reform) Act1. Upon conviction the appellant was sentenced to 15 months imprisonment of which 7 months were suspended for 5 years on condition of future good conduct. More
This matter was listed for trial. The first defendant pleaded prescription of the plaintiff’s claim and prayed that the lis against him should be demanded with costs on that score. The plaintiff has pleaded that the lis has not prescribed contrary to the first defendant’s claim in that regard. It is trite that the determination of prescription as a special plea is a trial matter. It is unlike other dilatory points in limine which are determined on the pleadings filed, in short, on the records four corners without the need to consider extraneous evidence. The procedural law relating to prescription... More
: The accused is charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He is alleged to have intentionally and unlawfully assaulted and killed his girlfriend on 19 June 2009 following a domestic dispute. More
This is application in terms of s 52 (9) (i) of the Administration of Estates Act [Chapter 6:01]. The relief sought has been couched in the following terms:
“IT IS ORDERED THAT:
1. The application challenging the acceptance of claims made by the first respondent be and is hereby granted.
2. The first respondent’s claims for medical and funeral assistance cannot be sustained and therefore must be rejected.
3. The second respondent is ordered to amend the distribution account by specifically removing the medical expenses claim of US$28 869.00 and funeral expenses claim of US$20 210.00 from the distribution plan... More
