This matter was set down for hearing on the opposed roll on 8 June 2022. On that date, respondent had not served applicant with her heads of argument which were said to have been filed on the 25th of January 2022. Applicant therefore raised a preliminary point to the effect that respondent is barred for non-compliance with r59 (20) of SI 202/2021 for failure to serve her heads of argument immediately after filing of the aforesaid heads of argument. More
MAKONESE J: This is an application for the late noting of an appeal. The application is opposed by the state on the grounds that there are no reasonable prospects of success. Further and in any event, there are no recognizable grounds of appeal in the application and no reasonable explanation has been advanced for the failure to note the appeal timeously. More
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More
This is an application wherein the applicant seeks an order reinstating the appeal under cover of case number HCA 49/20 which was deemed to have been abandoned because of the applicant’s failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. More
The accused faces a murder charge in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged by the state that the deceased who was 23 at the time of the fatal incident, had set up as temporary base for illegal gold miners at a bush at Lonely Star mine together with several other gold panners. They were warming themselves around a fire. The accused allegedly arrived in the company of his uncle and friends. They were looking for one Prince Mwale, a step brother to the accused. They accused him of having... More
