This is an application for bail pending trial. On 11 March 2011 the applicant was indicted by the magistrate sitting at Harare for trial on 28 March 2011 at the High Court. As he was mandated to do by s 66 (2) of the Criminal Procedure and Evidence Act [Cap 9:07], the indicting magistrate committed him to prison pending trial. The same provision allows the applicant to seek bail if he so desires, hence the present application. More
The background of the matter is that Old Mutual sued the applicant, Elton Mtisi, alongside Puzey and Payne (Pvt) Ltd, who was the first defendant and Charles Nhamo Nyambuya who was the third defendant for payment of US$334 125,81 as rent arrears following the cancellation of the lease agreement between Old Mutual and the defendants. More
On 13 July 2017, I dismissed the application by the applicant for the stay of execution pending the finalisation of case number HC 5724/17 between the same parties. The reasons for my decision are as follows:
On 29 November 2011, the first respondent obtained a default judgement against the applicant and two others for the payment of a sum of USD47 130.55 and interest on a sum of USD44 522.93 at the rate of 30% per annum calculated from 31 March 2011 to the date of payment in full. More
The accused was convicted of raping a 12-year old girl after a contested trial. He was sentenced to 16 years imprisonment of which 4 years was suspended for five years on condition of good behaviour. He appeals against both conviction and sentence. More
1. The applicant, following a full trial, was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
2. The judgment was rendered on 30 November 2017 by the Regional Court sitting at Harare.
3. On the same date, the applicant was sentenced to 16 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behavior.
4. On 15 August 2019 the applicant, under CON 231/19, filed an application for leave to appeal (against both conviction and sentence) out of time.
5. On 6... More
