In 1998, the appellant moved onto stand number 1957 Chinamano Extension in Epworth, with the blessings of one Sophia Jera (“Sophia”), the then registered tenant in respect of the property. Subject to the land being subdivided with the consent of the local authority, he would purchase a portion of the land. He paid a certain sum of money to Sophia for such purchase. The exact amount that he paid was in dispute during the trial and it is not important for the purposes of this appeal that we determine its quantum. In making the payment, the appellant believed that he... More
The appellant appealed against the decision of a Magistrate who ordered her to return the cattle, goats and money which had been attached in execution to satisfy a judgment which had been granted in her favour by the Chief’s court. The respondent, who was the appellant in the Magistrate’s court, opposes the appellant’s appeal. More
In a judgment dated the 13th of November 2019 issued under MBR CRB 2580/19, appellant was found guilty of two counts under the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Act) to wit:-
Count 1- theft of trust property as defined in s 113 (2) (d) of the Act in that:-
On the 30th of August 2018 at Tsiga Grounds Mbare Harare, Sarudzai Harry (appellant) in violation of a trust agreement which required her to sell 187 packets of MAQ Surf valued at US$850 on behalf of Juliana Chimutwe (complainant) and to hand over the cash after the... More
The applicant claims the return of the movable property itemized in para a of the interim relief. The applicant has failed to establish ownership of the five trucks and six as itemized. More
On 6 October 2022, an appeal against the judgment of the Magistrates Court sitting at Harare, handed down on 22 June, 2022, under case number 1349/22 was upheld with costs. Reasons for the decision have been requested. These are they. More
