It is common cause that all the applicants imported motor vehicles from outside the country using motor vehicle licences or permits that were issued by the third respondent’s ministry, the Ministry of Industry and Commerce. The third respondent is the Minister of Industry and Commerce. The applicants all paid import duty and the motor vehicles were delivered into the country through Beitbridge Border Post. At the instance of the first respondent, the motor vehicles were delivered to different bonded warehouses or transit sheds for storage. That is where the applicants were supposed to collect them from. However, when the applicants... More
This application was placed before me with the title “Chamber application for condonation of late noting of appeal against both conviction and sentence”. However, it was much more than that as the draft order also sought leave to prosecute appeal in person. Nonetheless, the omission of the last part from the title of the application is not fatal.
As stated by CHITAPI J in Mapfumo v The State
“For the avoidance of doubt, in terms of s 36 of the High Court Act, [Chapter 7:06], a self-acting person does not have an automatic right to prosecute his appeal in person... More
After hearing the parties in this matter we dismissed the appeal against conviction and sentence in count 1 in its entirety and allowed the appeal against sentence in count 2. The following are our reasons for doing so.
The appellant, who is a Police officer, was charged with firstly defeating or obstructing the course of justice and secondly, malicious injury to property. He pleaded not guilty to both counts but was convicted after a trial. He was sentenced on the first count to 18 months imprisonment of which 9 months imprisonment was suspended for 5 years on condition of future... More
Before me are two cases namely HC 50/15 and HC 3500/16 which were consolidated. The parties were husband and wife whose marriage was solemnized in Harare on 31 December 1983 and which marriage was terminated by a decree of divorce issued by the High Court of England. A decree nisi was issued on 1 December 2013 while the final decree absolute was issued on 18 December 2014. More
“Vigilantibus non dormientibus jura subveniunt-the law will help the vigilant not the sluggard”. See Ndebele v Ncube . This is an application for rescission of judgment in which the relief sought is the setting aside of the judgment of 21 December 2016, handed down by this court under case number HC11456-16. The application is brought in terms of both r 63 and r 449 of the rules of this court, as well as the common law according to the notice of application filed of record on 26 January 2017. More
