This is an appeal against both conviction and sentence consequent to the Regional Court’s decision convicting the appellant on three counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). He was sentenced to 10 years imprisonment on each count with a third of the total sentence suspended for 5 years on the usual conditions of good behaviour to leave the effective sentence at 20 years imprisonment. More
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
The Plaintiff and the Defendant (the parties) are husband and wife having married each other in 1989. Their marriage was solemnized under the Marriage Act [Chapter 5:11] now the Marriages Act [ Chapter 5:17] on 7 August 1989 at Harare. On 6 March 2019, Plaintiff issued out summons claiming an order for a decree of divorce and ancillary relief. In her declaration she averred that the marriage of the parties had irretrievably broken down and there are no prospects of restoration of a normal marriage between them. The reason for the break down was given as physical and emotional abuse... More