At the hearing of this application, I dismissed the application and gave brief reasons for my decision. The applicant has now indicated an intention to seek leave to appeal against that decision. What follows are my brief reasons for that decision. More
1. This appeal is without merit.
2. The first and second appellants were convicted of seven counts of assault as defined in s 89 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). With all the counts treated as one for the purposes of sentence each appellant was sentenced to 20 months imprisonment of which 3 months were suspended for 5 years on the usual conditions of good behaviour. More
The appellants appeared before the magistrate at Bindura charged with unlawful possession of gold in contravention of the Gold Trade Act, [Cap 21:03]. Although they vehemently disputed the allegation, after a contested trial, their protestations did not win favour with the court. They were both found guilty and, on 18 February 2009, sentenced to the minimum mandatory five years imprisonment each. They still protest their innocence in the present appeal against both conviction and sentence. Having read the papers, we agreed with the concession by MrsFero, for the State, that the conviction is not supportable. More
The appellant was convicted of 4 counts of contravening section 4 (1) as read with section 3 (1)(a) of the Domestic Violence Act Chapter 5:16 and sentenced to 36 months imprisonment of which 6 months were suspended for 5 years on condition of good behaviour. All the counts were taken as one for purposes of sentence. More
The plaintiff and the defendant were in a customary law union with effect from 2010 when the defendant paid lobola for the plaintiff. They lived as husband and wife from then and three children were born to them namely, Nicole, Norah and Fortune. During the subsistence of their union, the parties acquired various assets which include an immovable property known as No 29 Robert Mugabe Road, Kadoma, household goods and effects and there is a mining business set up which the defendant was running. More
