In this case the state filed a notice conceding that the conviction as it stands is unsupportable. Fully appreciating the informed stance taken by the respondent’s counsel, the case was therefore withdrawn from the roll to be dealt with in chambers. I proceed to set out the reasons why the appeal must succeed. More
[ 1] On 22 May 2022, I dismissed the chamber application for condonation for late noting of appeal. Reasons were subsequently requested and I furnish same hereunder.
[ 2] The applicant was convicted by this court of murder with actual intent as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] on 31 January 2014 at Gweru. He was sentenced to 23 years imprisonment. On 29 November 2021 he filed an application for condonation of late noting of appeal together with a draft notice of appeal against both conviction and sentence. More
At the close of the plaintiff’s case the defendant swiftly moved to make an application for absolution from the instance.
What runs through the plaintiff’s declaration is the allegation that the defendant lacked due diligence and care in the manufacturing of its product to the extent that the product itself is not safe, clean, health and fit for human consumption.
The plaintiff testified himself and called two more witnesses one of whom testified to corroborate the plaintiff’s evidence that he had partaken of contaminated coke. That the plaintiff drank coke which was not safe for human consumption could not have... More
The applicants are charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. At the hearing of the matter counsel for the applicants indicated that he was withdrawing the applications by seventh and eighteenth applicants. Mr Musarurwa indicated that the applications by these two would be prosecuted separately. More
