This matter has a long history of a dispute over the ownership of a piece of communal land, in Mayambara, Seke Communal lands. The parties to the dispute inherited the dispute from their parents. Appellant’s father and the respondent’ brother, who were the original disputants died many years ago. The matter was further confused by the lack of knowledge of the applicable law on the part of the parties and Court officials. Along the way, wrong advice was given to the parties leading to wrong decisions being given in courts More
This is an appeal against conviction in which I find myself in the same situation HAWTHORN ACJ was in R v Freddy 1963 (2) SA 128 (SR) at 128-129 and R v Oscar 1963 (2) SA 134 (SR). The appeal came before my brother UCHENA J and my sister CHATUKUTA J on 27 October 2009. Their opinions differed on the matter and in accordance with the provisions of s 4(2) of the High Court Act [Cap 5:07], judgment was suspended until a third judge was present. I was the third judge. Unlike in the Freddy case, supra, I did not... More
This matter was placed before me on a certificate of urgency in terms of Rule 242 of the High Court Rules as amended. I dismissed the application with costs because of the preliminary issues raised. The applicant has requested written reasons for my decision. These are they. More
On 21 October, 2019 at around 17:30 hours, the applicant was driving a public service vehicle, a Toyota Hiace registration number ABJ 4962 along Simon Mazorodze road, on the outer lane of the road. When he reached Mbare Police District Headquarters, the accused person knocked down the deceased, a 6 year old boy who was crossing the road from west to east. The deceased died soon after the impact. The State charged the applicant with culpable homicide and alleged that the applicant was negligent in one or more of the following particulars of negligence More
In a nutshell the dispute arose over a beneficiaries’ sharing agreement entered into by members of the Chigumba Family after the death of the head of the family Stanslas Tonderayi Chigumba (the deceased). The deceased passed on on 11 December 2006. The beneficiaries sharing agreement was entered into on 29 May 2018. The dispute is essentially between Richard Kudzanai Chigumba (the applicant in the main case) and Taurai Cliff Chigumba (the first respondent in the main case). In the counter application Taurai Cliff Chigumba is the applicant while Richard Kudzanai Chigumba is the first respondent. For expediency I will refer... More
