The applicant was arraigned before a regional court facing a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded not guilty but was convicted as charged. He was sentenced to 4 years imprisonment of which 1 year imprisonment was suspended for 3 years on the usual conditions of good behaviour and a further 2 years suspended on condition he made restitution to the complainant in the amount of US$65 000 on or before 31 March, 2011. He thus would serve an effective 1 year imprisonment. More
This matter was placed before this court in terms of Order 32 r 5 (5) of the Magistrates Court (Civil) Rules, 2019 (the Rules). It is a spin-off from a matter that was determined by the court a quo, in which the applicant herein was the defendant and the first respondent herein was plaintiff. The matter concerned some claims that were made by the first respondent against the applicant in the court a quo, in connection with a lease agreement that subsisted between the parties. The court found in favour of the first respondent and ordered the applicant to pay... More
the 25th of August 2021, I dismissed the appeals lodged by the appellants in this case against refusal of bail. My finding was that there was no misdirection on the part of the court a quo. The appellants have requested reasons for the dismissal of their appeal.
Background Facts
The appellants were arraigned before Mbare magistrates court facing a charge of unlawful entry into premises in aggravating circumstances as defined in s 131 (a) the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 131 (2) (e ) of the said Act.
It was alleged that on... More
This is an urgent chamber application. The applicant applies to stay execution of certain property belonging to the Estate Late James Robert Dambaza Chikerema (“Estate Late James Chikerema”) attached by the second respondent at the instance of the first respondent. The applicant is the executrix dative of the Estate Late James Chikerema. The first respondent is the executrix dative of the Estate Late Charles Kufahakurotwe Chikerema (“Estate Late Charles Chikerema”). She is thoroughly ill-advised. She is flogging a horse that has been dead more than twenty years ago. This sort of thing happens if lawyers abdicate their responsibilities and begin... More
The plaintiff and defendant are husband and wife. The parties were married on 2 September 2000. They were blessed with three children, O, F and A, all of whom are still minors. Certain unhappy differences have arisen in the marriage and the plaintiff has instituted this action for divorce. Pre-trial conferences which were held before this trial, resulted in the execution of a joint pre-trial conference minute in which it is recorded that the parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of the restoration of a normal marriage relationship... More
