The appellant was employed by Zvese Zvakanaka! Creative Credit as a Sales Representative. On four occasions the appellant misrepresented to the complainant Creative Credit that some three (3) customers had purchased certain products from the company, when in actual fact the goods were taken by the appellant. Appellant would forge clients’ signatures on the “Application Form” enabling deductions to be effected. More
The parties in this matter appeared before me in divorce proceedings.
The brief historical facts are that the parties married each other in terms of the Marriage Act, Chapter 5:11 at Tsholotsho on 17 December 2013. The union produced six (6) children, 2 of whom were still minors at the time divorce proceedings were instituted in August 2017. The marriage relationship became acrimonious with no hope of restoration of a normalcy in it.
I must mention that at the parties’ pre-trial conference before my brother MATHONSI J on 12 February 2018, great progress was made in curtailing the issues in... More
This is a bail application pending trial. The applicant is facing two counts, in count 1 he is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 24 June 2023 the applicant and his accomplices unlawfully and intentionally threatened the complainant with a fire arm and induced him to relinquish control of his property. In count 2 he is charged with kidnapping as defined in s 93(1)(a) of the Criminal Code. It being alleged that on 24 June 2023 the applicant... More
A plaintiff is required to plead his /her claim in terms that are lucid, logical and intelligible. A plaintiff must only plead the facta probanda and not the facta probantia. A plaintiff does not need to plead evidence or the law. The defendant is not entitled to an abridged version of the plaintiff’s evidence. The defendant is only entitled to such information as would enable them to respond to plaintiff’s claims. An exception based on the lack of a cause of action in the plaintiff’s claims must establish that there are no facts pleaded that can be sustained even if... More
The applicant appeared before a Magistrate at Bulawayo on the 1st of September 2022 facing 3 counts of rape as defined in section 65 (1) (a) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23) and one count of escape from lawful custody as defined in section 185 (1) (a) of the Criminal Code. Applicant was remanded in custody and is currently incarcerated at Khami Prison awaiting trial. Applicant applies for bail pending trial and contends that he is a suitable candidate for bail. The application is opposed by the state on two principal grounds. The state avers... More
