This is an appeal against the judgment of the Magistrates Court in terms of which the appellant was convicted of rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], and sentenced to 15 years imprisonment of which 3 years imprisonment was suspended. The appeal is against both conviction and sentence. The respondent opposes the appeal. More
An application in which the applicant moves the court to declare him the sole owner of the property which he and another person jointly purchased from the seller is misplaced. A fortiori when the application excludes his co-purchaser whose views remain unknown to the court More
On 18 July 2023 I delivered the following ex tempore judgment in court. A written judgment has been requested and same is provided hereunder.
The facts of this matter are mostly common cause. The applicant is a returning resident who was entitled to a rebate on duty which was duly granted by the respondent. Among the applicant’s belongings which benefited from the rebate is a Landrover Range Rover TDV6 registration number AFE 5268 motor vehicle. It is also not in contention that applicant returned to the United Kingdom before 24 months expired and that he did not return to Zimbabwe... More
The applicant is charged with the offence of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The allegations on which he was placed on remand by the magistrate were that, on 12 December, 2018, the applicant entered the deceased’s room at 3705 Glen Norah A where they both resided. The deceased was asleep naked. The accused was armed with two knives and a pair of scissors. The applicant stabbed the deceased several times upon his body until the now deceased passed on. Thereafter the applicant cut off the deceased’s testicles using a... More
First and second plaintiffs Simon and Leah Chayayi (“Mr and Mrs Chayayi”) instituted declaratory proceedings for an order confirming their rights title and interest in an immovable property situate in Mutare.
The action was resisted by first, second and third defendants. I will refer to these as “the Harry Trust”, “Mr. Nhiwatiwa” and “Baxter Paints” respectively or just the excipients. The fourth, fifth and sixth defendants are not participant herein. More
