This was a criminal appeal from the magistrates’ court. It was against both conviction and sentence. The appellant was convicted of theft of trust funds as defined in s 113[2][d] of the Criminal Law [Codification and Reform] Act, Cap 9:23 [“the Code”]. The amount involved was $2 500. He was sentenced to a fine of $400, or in default thereof, three months’ imprisonment. He was also sentenced to an additional twelve months imprisonment of which six months’ imprisonment was suspended for five years on the usual condition of good behaviour. The remaining six months imprisonment was suspended on condition that... More
On 24 November 2021 my brother WAMAMBO J and myself heard arguments in relation to this appeal matter from Mr S. Ganya for the appellant and Mr B. E Mathose for the respondent being the State. We then proceeded to give reasons for the judgment ex tempore. More
The appellants were convicted in the Magistrates court sitting at Masvingo of seven counts of stock theft. Although upon arraignment they denied each of those seven counts, the court a quo found in the wake of the ensuing trial that they had acted in common purpose on seven separate occasions to steal a total of fifty-three head of cattle and convicted them accordingly. Consequent upon such conviction, they were each sentenced to 9 years’ imprisonment in respect of each of the seven counts. Thirty of the cumulative sixty-three years’ imprisonment were suspended for 5 years on the usual conditions. Aggrieved... More
The late Chief Nemangwe of Gokwe district of the Midlands province, Peter Muchabeta (the 1st respondent) died on 20 July 2023. He died of natural causes. Before his demise, however, he was locked in this present a legal dispute with the applicant with the latter claiming that he (i.e. 1st respondent) had been improperly and un-procedurally appointed to that position. The applicant seeks an order setting aside the 1st respondent’s recommendation by the relevant statutory functionaries for appointment to that position leading to a fresh selection process for the Nemangwe Chieftainship. The applicant’s main gripe with the process leading up... More
The defendant has entered a special plea of prescription.
The facts of the matter are as follows:-
On 9 June 1997 plaintiff and defendant entered into an agreement for plaintiff to lease Stand 4334 Westview Industrial Area, Masvingo on condition that he built buildings to the value of not less than $192 675.00 (Zimbabwean dollars) (Clause 4). The lease was for a period of one year and 6 months, from 1 June 1997 (Clause 1). More
