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
The parties married each other in Harare on 14 December 1991 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children, namely Simbarashe Sithole born on 5 September 1992 (now a major) and Mutsawashe Unalina Sithole born on 5 August 1997.
There is an old saying which states that all good things come to an end. The parties now find that their marriage has irretrievably broken down. The plaintiff issued summons out of this court on 25 October 2006 seeking a degree of divorcee on the basis of irretrievable breakdown, an order of sharing matrimonial... More
The applicant in this matter was seeking a declaratur in the following terms:
“It is declared and ordered that:
1. The reappointment of the commission running the affairs of the City of Harare to serve a fourth term was unlawful, null, void and of no force and effect.
2. The appointment of an inquiring committee to inquire into the suspension of the applicant by the said commission was unlawful, null, void and of no force and effect.
3. The first respondent is not, at law, a Mayor of Harare and cannot, consequently, lawfully discharge any of the functions and exercise... More
