This application was placed before me as one for summary judgment in terms of R30 of the High Court Rules, 2021. On the 13th of October 2022 after hearing the parties, I gave judgment ex tempore. I have been requested for reasons and these are they. Although there is reference to applicant and respondents, in my view, the correct reference is plaintiff and defendant given that it is an application for summary judgment. More
I must acknowledge the inordinate delay in rendering this judgment. The delay was due to misfiling of records by the judge’s legal clerk. Indeed by letter dated 27 September 2017, the applicant’s legal practitioners wrote a letter to follow-up on the judgment. More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal.These are they.
Applicant is facing a charge of raping his employee. Applicant is alleged to have raped the complainant who was employed as a housemaid. After the rape the complainant sent a text message to her mother and reported to the police. Applicant was arrested. He indicated that he was employed by the Ministry of Health and Child Care as a Male Circumcision Mobilizer at Nyadire Mission Hospital, Mutoko. He was placed on remand and on 26 August, 2022, an application... More
The applicant applied for bail pending trial before FOROMA J on 26 June, 2020. The application was dismissed on 24 July, 2020. The reasons for judgment are contained in judgment HH 486/20. That judgment sets out the background to the case. I will however briefly refresh on the background so that this judgement is understood in context. It is also noted that there is a further background to the application which FOROMA J did not deal with but is relevant to the bail applications. More
