The appellant is the director and alter ego of Tsapo Plumbing and Construction (Pvt) Ltd. He was charged with the crime of fraud (six counts). After a trial, he was convicted and sentenced to a total of 48 months imprisonment which was suspended on condition of good behaviour restitution and community service.
Dissatisfied, the appellant appealed to this court against both conviction and sentence. The appellant identified the grounds of appeal as falling into two broad categories. In the first category the issue is whether the court a quo erred in finding that the essential elements for the crime of... More
The respondent (Luxford Mutopo) is a nephew to the applicant of Ndiya Village Musosomwa Ward 15. Ndiya Village was established and registered in 1936. The Respondent argues that the first village head was his great grandfather, Ndiya, after his death in 1942, Karasa took over who was his younger brother. After the death of Karasa in 1947 Samson Chimhuto followed. After the death of Chimhuto John Kativhu became village head, When Kativhu, died his young brother Michael Nyahunzvi became village head, then after his death in 2017 the respondent came into office. More
Applicant faces a charge of murder. The allegations are that applicant and others threw stones, empty bottles and other missiles at uniformed officers. One of the objects struck Inspector Petros Mutedza and he was pronounced dead on arrival at hospital. On 10 October 2011 he applied for bail pending trial together with his co-accused. The matter was placed before MWAYERA J who dismissed applicant’s application for bail on 20 October 2011 More
The criminal hallmark that accused is presumed innocent till proven guilty is buttressed in the wording of s 117 of the Criminal Procedure and Evidence Act [Cap 9:07]. The notion is that courts should always grant bail pending trial where possible and should lean in favour of the liberty of the accused provided the interest of justice will not be prejudiced. The court is thus required to expeditiously fulfil its function of safe guarding the liberty of the individual while at the same time protecting the interests of justice. The central question in applications for bail pending trial is whether... More
