MAWADZE J: In this appeal the appellants have literally thrown the proverbial kitchen sink at the court as it were. All manner of issues have been raised.
The appeal is against both the conviction and the sentence. Both appellants were convicted on their pleas of guilty at Masvingo Magistrates Court on 6 March, 2021 for contravening section 368(2) of the Mines and Minerals, Act [Cap 21:05]. In the street parlance this offence is sometimes referred to as “gold panning”.
Each appellant was sentenced to 2 years imprisonment after a finding was made that there were no special circumstances in the... More
The applicant was arrested for rape on 5 October 2016. He was remanded into custody. He applied for bail pending trial. I reserved judgment. This now is my judgment. More
Plaintiff and defendant were in an unregistered customary law union which has since been dissolved. Plaintiff has proceeded to issue summons for the sharing of property basing the claim on unjust enrichment. Defendant is opposing the claim. More
The whole point of this review judgement is to once again stress the importance, in a contested criminal trial, of observing the peremptory provisions of section 200 of the Criminal Procedure and Evidence Act, [Chapter 9:07].
This section provides as follows: More
This was an interpleader. I dismissed the claimant’s claim at the end of argument. The facts were these. The applicant had placed certain goods under attachment in execution of a judgment obtained by the judgment creditor against the judgment debtor which was still outstanding. The claimant claimed that all the attached goods belonged to him, not the judgment debtor. More
