The accused is alleged to have stabbed his wife to death with a kitchen knife after having accused her of infidelity. He thereafter attempted to commit suicide by stabbing himself with the murder weapon. More
After a fully contested trial the appellant was convicted of one count of fraud in contravention of section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], and the second count for contravening s 60 (A) (3) (b) of the ZESA Act. More
The applicant was charged with rape of two 11 year old girls. The date when the rape took place could not be determined accurately as neither of the complainants had made a timeous report to any adult who would have been expected to advise the complainants to make a report to the police.
The applicant was convicted of the rape allegations after the court found the two complainants to be credible witness. A reading of the magistrate’s judgment illustrates an eloquent alertness to the risks of attendant on the evidence of young children. The accused’s defence was a bare denial... More
In this matter the applicant seeks a spoliation order against the respondent in respect of a Mazda Familia motor vehicle registration number ABD 8958 alleging that he was, until 12 June 2012, in possession of the said motor vehicle. On that date, the respondent dispossessed him of the vehicle using wrongful means. More
I have had the privilege of hearing counsel in this matter both on the question of law and the facts relating to this case. I propose to adopt a wholistic approach.
The question of law
It is the settled legal position that in order to be granted interim interdict the applicant must satisfy the following requirements:
a) that the right which has prompted the applicant to make the application and which right they seek to protect is clear or if not clear is prima facie established though open to some doubt;
b) that if the right is only prima facie... More
