On 21 April 2020 I presided over a bail application by the applicants under B84/20. I dismissed the application. This application is a follow up application citing changed circumstances. More
The late George William Noble (“the deceased”) died on 12 March 2019. He left behind a will apparently bequeathing, a piece of land to his children, among them Ernest Albert Noble. I use the word “apparently” because that particular bequest is disputed and forms the subject matter of the present matter. That piece of land is situated in the district of Kwekwe and was identified by the parties as Lot 1 Rolling River Ranch, Kwekwe (“the property”). In the wake of the demise of the deceased, the said Ernest Albert Noble was appointed executor testamentary of his estate and it... More
The appellant wasconvicted in the Magistrates Court sitting at Beitbridge of the offence of theft oftrust property as defined in section 113 of the Criminal Law (Codification and Reform) Act, [ Chapter 9:23] ("the Criminal code"). The nub of the charge was that the appellant received the sum of eight thousand United States dollars (US $8 000) from the complainant for the sole purpose of purchasing a motor vehicle (described in the charge as a Mercedes Benz Atego 815 truck) (‘the motor vehicle”) from the United Kingdom on behalf of the complainantwhich sum of money he (i.e. appellant) unlawfully converted... More
The law as regards the interpretation of s 198(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07] which relates to the discharge of an accused at the close of the prosecution case is a well beaten path. It is however at times disheartening that these simple and often repeated principles are either misinterpreted, misunderstood or simply ignored. If both parties in a criminal trial fully appreciate this law and apply their minds a lot of valuable time and energy may be saved in criminal trials More
The applicant appeared before the Magistrates Court at Harare on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
