This is an appeal against both conviction and sentence imposed upon the appellant by the Magistrates Court following a charge of aggravated indecent assault as defined in s 66 (1) (a) of the Criminal Law (Codification and Reform )Act [Chapter 9:23]. Appellant denied the charge in the court a quo. More
After hearing argument in this matter we upheld the appeal and gave an ex tempore judgment. We have been asked to give our reasons. Here they are.
The appellant appeared at Harare, regional magistrate’s court facing 10 counts to which he pleaded not guilty. More
This is an application for a declaratur. Such an application is provided for under s 14 of the High Court Act, [Chapter 7:06]. The background facts giving rise to the application are not in dispute. They can be summarized as hereunder.
The applicant was on 23 August 2019 and by issue of the Letters of Administration appointed the Executor Dative of the deceased estate of the late Mapfumo Kunaka who died at Harare on 3 November 2001. The estate file reference issued by the first respondent is DR 1467/16. The applicant was however removed as executor dative of the said... More
This civil trial matter was heard on 7 March 2025. The first and second defendants raised a point of law that the matter is res judicata in that there is a prior extant court order that settled the issue of ownership of the property in question. It was argued that the trial cannot be held to determine the same issue already determined by this court. It was further argued in the alternative that the matter is moot and the court ought to decline to exercise its jurisdiction over the matter. After hearing oral submissions from the parties’ legal practitioners, the... More
It is not apparent from the papers how the parties are related, how they came to jointly own an immovable property and indeed how and why they came on a collision course resulting in a series of litigation but in this application the applicant seeks to enforce a court order granted by consent. The applicant seeks an order compelling the respondent to transfer her half share in the property known as stand 24 Philadelphia Township of Philadelphia, Harare (the property) which is jointly held by the parties by deed of transfer number 4986/02. In the event of the respondent’s failure... More
