The applicant has applied for bail pending appeal following her conviction and sentencing by the Anti-CorruptionDivision of the Regional Court sitting at Harare for Theft of Trust Property as defined in s 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. She was sentenced to imprisonment for 36 months of which 12 months were suspended for 5 years on condition of good behavior and a further 8 months suspended on condition she pays restitution. She has noted appeal against both conviction and sentence and now seeks bail pending the appeal. More
1. This is an application for leave to appeal to the Supreme Court in terms of s 44(4) of the High Court Act [Chapter 7:06] as read with Rule 94 of the High Court Rules, 2021.
2. Sitting together with MANYANGADZE J, we dismissed the applicant’s appeal against conviction and sentence More
Winsley Militala, died testate on the 10th of January 2021. (Hereinafter Winsley or the decedent). During his life time, he married Petronella Tendai Militala customarily in 1991 and then upgraded this to a civil marriage in 1998. (Hereinafter Petronella or the plaintiff). Together they had three children, one of whom sadly predeceased his father by 10 days on the 30th of December 2020. Winsley also sired two other children out of wedlock in 1997 and another in 2014. He left the matrimonial home in 2014 and formally filed for divorce in 2017. At the time of his death in 2021,... More
The accused was facing a charge of murder in terms of s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 6 March, 2009 and at Village 22, Nyamatani, Chief Neuso Sanyati Petros Lozane unlawfully and with intent to kill caused the death of Joseph Lozane by striking him with an axe on the head once and twice on the back causing injuries from which Joseph Lozane died. More
This is a review referred to the High Court in terms of Order 32 r 5 (3) as read with r 5 (5) of the Magistrates Court (Civil) Rules 1980. According to the magistrate the issue for determination is presented as follows - When a magistrate has granted costs on an attorney-client scale, is the taxing officer allowed to use tariffs as provided in General Tariff of fees for Legal Practitioners 2011 which allows for higher remuneration in comparison to party and party scale or whether and when is the General Tariff of Fees for Legal Practitioners 2011 applicable to... More
