The accused now stand convicted on his own plea of guilty of the charge of contravening section49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to culpable homicide. Initially the accused had been arraigned for murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The murder charge was reduced to the lesser charge of culpable homicide with the consent of the State. The matter therefore proceeded on the basis of a statement of agreed facts. More
The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Chapter 9:23. It is alleged that on the 20th January 2020 at Tshongokwe Business Centre, Chief Mabhikwa, Jotsholo, the accused unlawfully struck Themba Ndlovu (deceased) once on the head and once on the face with an axe intending to kill him or realising that there was a real risk and possibility that his conduct may cause his death but continued to engage in that conduct despite the risk or possibility. The accused denies the allegations and raises the defence... More
1. The accused person is charged with the crime of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 19th October 2022, at Mpopoma River, Methodist Village, Bulawayo he unlawfully caused the death of Thulani Tembo (hereinafter referred to as the “deceased”) by shooting him with a CZ pistol on the abdomen intending to kill him or realising that there was a real risk or possibility that his conduct may cause death continued to engage in that conduct despite the risk or possibility. More
KABASA J: This is an application for rescission of judgment, a judgment granted under case number HC 2167/19 on 10th September 2019. The application is brought in terms of rule 449 of the High Court Rules, 1971. The applicants contend that the judgment was erroneously sought and erroneously granted as the 1st respondent cited therein was deceased at the time of the filing of the application and the subsequent granting of the same. The 2nd respondent cited therein was not served with the application and so could not have been adjudged as being in default. Had the Judge who granted... More
This is a vindicatory action by the plaintiff who seeks to vindicate her house from defendant who is in occupation without her consent. After hearing all the evidence I granted the following order.
“Judgment be entered for the plaintiff against the defendant for:-
(a) An order evicting the defendant from No. 5 Chester Place, Hillcrest, Bulawayo and delivery thereof of the said property unencumbered.
(b) The defendant’s counter-claim be and is hereby dismissed.
(c) Each party to bear its own costs” More
