In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
The background to this matter is that the appellant appeared before the magistrate at Harare on initial remand on 12 October, 2020. He was co-charged with an accomplice, one, Carrington Marasha. The two were facing allegations that they committed two counts of the offence of “Armed robbery” as defined in s 126 of the Criminal Law (Codification and Reform Act, [Chapter 9:23]. I should pause briefly to observe that there is no offence in the Criminal Law (Codification and Reform) Act called “Armed Robbery”. More
This is an appeal against both conviction and sentence pursuant to the Magistrates Court convicting the appellant of 3 counts of criminal abuse of duty as a public officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). He was sentenced to 2 years imprisonment on each count. Of the total 6 years imprisonment 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The eight motor vehicles which are the subject of the offence were fortified to the State. More
This ruling is made pursuant to a preliminary point raised in the first defendant’s plea. The ruling deals with the narrow issue of whether this court has jurisdiction to hear this matter. At the commencement of the trial, counsel agreed to file heads of argument on the point and leave the court to deal with the matter on the papers. More
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following:
i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More
