The applicant’s case as presented in the pleadings, in brief, is that around 25 July 2022, he agreed with the first respondent that he would bring his car, Mercedes Benz, Registration number AEX 8962 (hereinafter called “the vehicle”) to the first respondent’s garage for repairs. The applicant further alleged that he intended to sell the vehicle after repairs. The applicant further alleges that he did not authorise the first respondent to sell the vehicle. It is the applicant’s case that he agreed with the first respondent that the vehicle would be repaired within three days. More
The two applications were consolidated for purposes of hearing by consent to accommodate the investigating officer who is common to both cases so that he testified once in relation to both applications. The applicants stand charged with the offence of robbery committed in aggravating circumstances (colloquially called “Armed robbery”) as defined in s 126 (1) (a) (b). The charges against the applicants arise out of their alleged involved in a robbery involving the waylaying of a cash in transit carrying vehicle laden with USD$2 775 000.00 belonging to ZB Bank and destined for delivery to the bank’s branches in Chinhoyi,... More
The applicant and the second respondent have a long history of litigation between themselves. The second respondent has in her favour a judgment against the applicant under Case No HH 675/21 wherein she was awarded damages for sexual harassment to the tune of USD 180 000. The amount remains unpaid. In the quest of getting what is due to her the second respondent instructed the first respondent the Sheriff of Zimbabwe to attach the applicant’s property. The property was duly attached being a half share in an immovable property called Lot 2 of Lot 41 of Hatfield measuring 4047 metres... More
This matter came before me as an unopposed application for the review and setting aside of the decision of the Magistrates Court at Harare (the first respondent herein was the presiding Magistrate). In terms of that decision the applicants’ challenge to their placement on remand on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was dismissed. The respondents were served with the application but they did not file a notice of opposition and opposing papers hence the matter was set down on the roll for unopposed matters. The applicants... More
The appellant was arraigned before the Regional Magistrate at Harare on a charge of rape as defined in section 65(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded not guilty but was convicted after a trial. He was thereupon sentenced to 10 years imprisonment of which 5 years imprisonment was suspended for 5 years on condition of future good conduct. More
