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
The defendants (who are the excipients in this matter) have excepted to the plaintiff’s (who is respondent) declaration and I have, to decide whether that exception has merit or not. More
This is a court application for rescission of judgment. The applicants seek to have the default judgment granted by MUSITHU J on 28 June 2023 under case number HC 2656/23 set aside. The order sought as set out in the draft order speaks to this as follows:
“1. The judgment granted by this Honourable court under case No. Hc 2656/23 on 28 June 2023 be and is hereby rescinded.
2. The matter shall proceed in terms of the Rules of this court.
3. No order as to costs”. More
At the hearing of the matter, the Respondent raised points in limine which are the subject of this judgment. The Applicant approached this court seeking a declaratory order in terms of s14 of the High Court Act [Chapter 7.06] and the eviction of the Respondent. More
The appellant appealed to this court seeking to have the convictions in respect of both counts quashed and the sentences set aside. In the event that this court upheld the convictions appellant sought to have the sentences imposed by the court a quo to be substituted by the imposition of nominal fines in respect of each count. More
