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
The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. More
On 20 March 2012 the applicant obtained an interim order under case number HC 2350/12 directing the first to fourth respondents to restore him to his quiet and undisturbed possession of Plot 4 Sun Valley Borrowdale, Harare also known as Welson Valley. Aggrieved by the said Order the first and second respondents appealed against the order on the same day. More
In this urgent application, the applicant is seeking a provisional order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:- More
