This judgment will dispose of bail application No B 1907/20 and application for condonation of late noting of appeal CON 420/20. The background facts to the two applications is that the applicant together with his two co-accused appeared before the regional magistrate at Marondera Magistrates Court facing three counts of robbery as defined in s 126 (1) (a) (b) of the Criminal Procedure and Evidence. The details of the charges were, firstly, that in count one, it was alleged the three acting in common purpose and by intentional and unlawful use of violence and stabbing the complainant with a knife... More
I dismissed the applicants bail application pending trial on 29 December, 2016. I indicated then that I would provide reasons for my decision in due course. The applicants’ legal practitioner has by letter dated 9 January 2017 made a follow up on the promised reasons for my order. I set them herein below. More
The first and second applicants in this application are first and third respondents in case No. HC4168/14 wherein Roselyn Murambiwa as executrix dative (Estate Late Phillip Murambiwa) is the applicant. Case NO. HC 4168 is the main case brought as a court application. In case No. HC 4168/14, the applicant sought the reversal of transfer of an immovable property in Karoi which she wants to be included in the estate of her late husband. The property was alledgedly purchased by the respondents who took transfer. More
In 1996 the plaintiff and the defendant entered into an unregistered customary law marriage.Their union was blessed with one child born on 29 January 2009. More
On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio. The full history of this case is reported in Chikadaya v Chikadaya & Ors 2000 (1) ZLR 343 (HC) and its sequel cyclostyled judgments of Chikadaya v Chikadaya & City Council of Harare SC 58/2001 and Chikadaya v Chikadaya & City Council of Harare HH 1 /2002. More
