The appellant was convicted of assault as defined in s 89 of the Criminal Law (Codification & Reform) Act, [Cap 9:23] and sentenced to six months imprisonment of which three months were suspended for 2 years on condition of good behavior. He noted an appeal against both conviction and sentence. The Attorney-General has indicated that he does not support the conviction and filed a notice in terms of s 35 of the High Court Act [Cap 7: 06]. We considered the concession proper for the reasons that follow. More
The appellant was arraigned before the magistrate at Kadoma on a charge of assault as defined in s 89(1)(a) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He was convicted on his own plea of guilty and was sentenced to 4 years imprisonment of which 1 year was suspended on the usual and appropriate condition of future good conduct. The appellant now appeals against both conviction and sentence. More
The applicant seeks summary judgment for the eviction of the respondent and all those claiming through him from house number 1294 Mutufu Circle, Chiwaridzo Township, Bindura (“the house”) and costs of suit. More
On 29 March, 2011 I dismissed unconditionally an application for summary judgment by the applicant.
On 4 May, 2011 I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made pursuant to s 43(2)(d) of the High Court Act, [Cap 7:06]. More
The plaintiff has sued the defendants for eviction under separate case numbers. The defendants filed their respective pleas and subsequent to their having entered appearance to defend the plaintiff has filed individual applications for summary judgment against all of the defendants. The applications are vigorously defended. At the instance of the parties the matters have been consolidated as the basic facts surrounding the dispute and the issues are identical. More
