This applicant, having previously been denied bail pending trial, submitted this further application which he named ‘bail application for bail based on changed circumstances in terms of r 5 of the high court rules 1991 as read with s 116(c) (ii) of the Criminal Procedure and Evidence Act [Chapter 9:07]’. Having perused the Act, I am satisfied that the nomenclature does not emanate from proviso (ii) of s 116 of the Criminal Procedure and Evidence Act. The phrase changed circumstances may have been used in practice and case law in discussing the circumstances under which a fresh bid for bail... More
The appellant as accused No. 5 appeared before the provincial magistrate with four alleged accomplices on 30 October, 2020 facing a charge of robbery as defined in s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The quintet was placed on remand following which they applied for bail pending trial which was denied by the said provincial magistrate. The appellant filed an appeal against the provincial magistrate’s decision to deny him bail on 13 January 2021. On 15 January 2021, the appeal was set down before FOROMA J whom postponed the matter to 19 January 2020 at... More
Applicant approached this court for a declaratory order and consequential relief. The application was filed on 31 August 2022. Applicant filed all her pleadings with the heads of argument being filed on 13 January 2023 and served on the respondent’s legal practitioners on 16 January 2023. No heads of argument were filed by the respondent. This application was set down for hearing on 26 May 2023. At the commencement of the hearing, respondent’s counsel made the submission that he had not filed respondent’s heads of argument, as such respondent was barred. He then advised the Court that in terms of... More
This is an appeal against eviction whereby the Magistrates’ Court ordered that the appellant (as the defendant in the court below) and all those claiming occupation through her be evicted from stand 40260 Belvedere, Harare. Costs were also granted against the appellant on an ordinary scale. More
The first and second plaintiffs are wife and husband. On 22 November 2013 along Enterprises Road in Harare occurred a motor vehicle accident. The collision was between a motor vehicle driven by the first plaintiff, which belonged to the second plaintiff, and the other driven by the defendant. The defendant was at fault. He paid an admission of guilty fine with the Police for driving without due care and attention. More
