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This is an application for rescission of judgment in terms of Rule 449. The respondents raised points in limine one of which concerns the founding affidavit. That the founding affidavit is not properly commissioned and that therefore there is no affidavit before this court. A look at the founding affidavit shows that at page 12 of the bound record of proceedings there is a paragraph 22 to the founding affidavit which is the last paragraph and the prayer as well as the applicant’s details. That page is not signed nor is it commissioned. There is, however a page 13 to... More

1. This is an appeal against the decision of a magistrate court refusing to release appellants on bail pending their trial on a charge of contravening section 136 of the Criminal Law [Codification and Reform] Act Chapter 9:23. It being alleged that in the company of an accomplice they designed a plan to defraud complainant by falsely advising him that there was a residential stand for sale in Matsheumhlope, Bulawayo. Acting on such misrepresentation complainant paid appellants US$10 000.00, and nothing has been recovered. More

MAKONESE J: On the 31st of May 2020 and at around 20:30 hours the accused and the deceased were drinking home brewed beer at accused’s homestead. A misunderstanding arose between the two over who was older than the other. The argument degenerated into a fight. Deceased threw a wooden stool at the accused hitting him on the head and face. Deceased ran away. Accused sustained some bruises on the forehead and chest. The accused gave chase and caught up with the deceased. Accused assaulted the deceased several times all over the More