MAKONI J: The applicant and 3 of his accomplices appeared before a Magistrate charged with murder. The brief facts of the matter are that the applicant and his accomplices approached Gletwin farm in Chishawasha armed with pistols and with two get away cars. They disarmed the two guards who were by the gate by tying them with shoe laces and bag handles. They also handcuffed a guard who was in the chicken run. They also assaulted him. The guard screamed and one Edson Manembe who was guarding the storeroom heard the screams. As he approached the chicken run, armed with... More
This is an application for dismissal for want of prosecution of several matters involving both parties over the same subject matter thatbeing aland dispute.
Prior to enrolment of the matter on my opposed roll, I hadnoticed that the applicant had not furnished either the files or any the document pertaining to the other matters which he desired to be dismissed under the present case number. I found this omission to be counter-intuitive bearing in mind that he was praying for a dismissal of those very matters. As a result, at the hearing of the matter I caused the matter to... More
The plaintiff instituted anactiorei vindicatioaction and consequential relief in the form of holding over damages initially against the first and second defendants. The original summons and declaration were issued on 28 October 2016. By way of an amendment to the summons and declaration issued on 31 October 2018, the third defendant was added as a party to the proceedings in his capacity as the Executor Dative to the estate of the Late Edmore Tererai Chitiyo (the late Chitiyo). More
1. This is an application for bail pending appeal against both conviction and sentence.
2. On 29 September 2022 the applicant was convicted on a charge of criminal abuse of duty as a public officer as defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:28]. He was sentenced to 30 months imprisonment of which 6 months were suspended for 5 years on the usual conditions of good behaviour.
3. The Court found that during the period extending from November 2018 to September 2019 and at Chitungwiza Municipality the appellant, a Works Manager, acted contrary to... More
1. This is an appeal against both conviction and sentence.
2. It is pursuant to the appellant’s conviction on a charge of criminal abuse of duty as a public officer as defined in s 174(1) of the (Criminal Law (Codification and Reform ) Act [Chapter 9:28] and the sentence of thirty months imprisonment of which six months were suspended on the condition of good behaviour.
3. The trial court found that the appellant, an Acting Works Manager in the employ of Chitungwiza Municipality, acted contrary to or inconsistent with his duty by unlawfully approving a site plan in favour of... More
