This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The application is opposed. The relief sought is that: More
This is an appeal by the Attorney General against the judgment of the Magistrates’ Court granting bail to the respondent.
This court will interfere with the decision of a Magistrates’ court to grant or refuse bail only if the Magistrate committed an irregularity or misdirection or exercised his discretion so unreasonably or improperly as to vitiate his decision. S v Malunjwa HB 34-03; S v Ruturi HH 23-03; S v Makamba SC 30-04. More
The accused person was sentenced on 19 September 2011. The application for condonation was filed on 19 June 2012 exactly nine months after the conclusion of the matter. It was filed after the accused had completed his sentence of community service. The delay was inordinate indeed and the reasons given for the delay, namely that the transcription and correction of the record took too long are not good reasons at all. More
The appellant filed a notice of appeal on 01 July 2013 with the Registrar of the High court. The notice revealed intention to appeal against a magistrate’s order of granting the respondent bail. The grant of appeal as given in the notice of appeal was that the learned magistrate misdirected himself in finding that the changed circumstances advanced by the appellant did not guarantee that she would stand trial. The changed circumstances must have been considered in light of the totality of the circumstances of the case. The brief history of the matter as shown on papers filed and oral... More
This is an appeal against the granting of bail to the respondent by the magistrates court. The respondent is opposed to the application citing that the respondent is a suitable candidate for bail. A perusal of the record of proceedings in the court a quo shows a brief statement by the magistrate that remanding the accused now the respondent in custody will not achieve anything in the interest of justice. His reasoning for coming to that conclusion was not outlined. More
