There has been an ordinate delay in the preparation and handing down of judgment which l reserved on 4 December, 2015. The delay was occasioned by my re-assignment to the Criminal Division. The delay is regretted. More
The plaintiff and first defendant were married on 25 December 1965 at Mrewa in terms of the Marriage Act [Chapter 37] as per the then operational laws of Southern Rhodesia. This marriage was monogamous by nature. Despite the nature of the marriage between the plaintiff and first defendant, the first defendant went on to enter an unregistered customary law union with the second defendant in or about 1979 or 1980. On 8 November 1989, the first defendant registered his marriage to the second defendant in terms of the African Marriages Act [Chapter 238] and misrepresented his status as someone who... More
The appellant was convicted and sentenced after a contested trial of rape as defined in s 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 15 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The appellant subsequently noted an appeal against both conviction and sentence. The appellant applied for bail pending appeal before the trial court and the application was dismissed hence the present appeal against refusal of bail. More
The applicant approached the court with an application for bail pending trial. The applicant is facing two counts of criminal charges, firstly he is charged with section 45 (1) of the Parks and Wildlife Act, [Cap 20:14] hunt or kill any specifically protected animal and secondly unlawful possession of a dangerous weapon as defined in section 28 (1) (e) of the Criminal Law (codification and Reform) Act [Cap 9:23]. It is the state’s contention that the accused together with accomplices entered Matendere ranch, Save valley conservancy, Bikita armed with one AK47 rifle with a charged magazine plus 38 loose live... More
The applicant’s case is that it is a holder of a mining location registered as Tebekwe mine by virtue of a tribute agreement signed in February 2010 between the applicant as the tributor and Ngezi Mining Company Pvt Ltd, a subsidiary of SMM Holdings as the grantor. A copy of the tribute agreement is attached in support. There were subsequent renewals of the tribute agreement the last of which was on 24 September 2021 before the applicant then bought the mining location from Ngezi Mining Company Pvt Ltd. A copy of the agreement of sale is attached signed in October... More
