The two records of proceedings suffer from the same procedural irregularity in relation to the disposal of the cases by way of trial on a guilty plea procedure as provided for in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The cases were dealt with by the same Magistrate at Mount Darwin Magistrates’ Court. More
: The dispute in this matter concerns a piece of land of substantial hectarage situate in the district of Goromonzi called remaining extent of Stuhm measuring 1074.7410 hectares. The property was registered in the name of Cecil Michael Reimer under deed of Transfer No. 3032/87. Consequent upon obtaining a subdivision permit to divide the land, Reimer created subdivisions called Lot 1 measuring 583.1360 hectares and Lots 2 and 3 measuring respectively 412.1091 hectares and 79 4959 hectares. The lots were sold respectively to TBIC Investments and registered under Deed of Transfer No. 1724/09 for Lot 1; to Damall Investments and... More
I have decided in the two cases above that it would make justice “turn on its head” if I did not grant relief to the applicant. These cases were heard together. The parties had agreed to such a course of action. More
On the 25th of August 2022, I granted a provisional order with the following interim relief:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable court why a final order should not be made in the following terms:
1. The 2nd respondent be and is hereby ordered to restrain from any action whatsoever on, or with respect to, the piece of land called the remaining extent of Stuhm situated in the District of Goromonzi in Mashonaland East Province measuring 583.1360 hectares until the matter under HC 5231/22 matter (sic) is finalized.
2. The 1st, 2nd and... More
This is an application by an accused in a criminal trial for a review of the decision of the Magistrate sitting at Harare dismissing his application to alter his plea from guilty to not guilty after verdict.
The accused had pleaded guilty to a charge of contravening section 27 of the Fire Arms, [Chapter 10:09] before the magistrate on 15 October 2003. The plea was dealt with in terms of section 271(2)(b) of the Criminal Procedure and Evidence Act, [Chapter 9:07].
The accused was initially unrepresented.
The charge was put. He pleaded guilty. Agreed facts were read to the accused More
