This is applicant’s third attemptat being admitted to bail following two previous failed applications. He brings this application in terms of section 116 (c) proviso (ii) of the Criminal Procedure and Evidence Act, [Chapter 9:07] (“the CPEA”) which entitles one who has been unsuccessful in previous bail applications to institute a fresh one, the latter which however must be based“new facts” which were hitherto not placed before the court in such previous application(s) or those which have since arisen in the intervening period. More
The two applicants are members of the Zimbabwe Republic Police (ZRP) who were convicted in the Magistrates Court of the offence of “Criminal abuse of office” (i.e. C/S 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23). The nub of the charge was that they unlawfully and irregularly released two suspects they had apprehended on drug related charges. Irregular in that such release did not conform with laid down police procedures. Following their conviction, they were each sentenced to 36 months’ imprisonment, six of which were suspended for 5 years on the usual conditions. More
The dispute between the parties centred on a property described as Stand 238 Phase 1 Checheche (“the property”). It is one of those council-owned township properties that local authorities sell on a rent-to-buy basis. It is under the Chipinge Rural District Council. In the court a quo the respondent (“Chengetai”) sued the appellant (“Mbozvi”) for eviction and holding over damages. The court granted the orders. Mbozvi appealed. We heard argument on 27 March 2019 and reserved judgment. This now is the appeal judgment. More
This matter came up as an appeal from a judgment of the Magistrates Court sitting at Masvingo on 2 March, 2018. In the court a quo the now respondent applied for and obtained an order of eviction against the now appellant. The background of the matter is as follows:-
The respondent is the owner of 18 Msasa Road, Westonlee, Mashava which was built to house its employees. The said house was allocated to Juma Phiri then an employee of respondent. It was tied to his employment it being understood that the said house remained the property of respondent and applicant... More
