This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 11 June 2020, applicant appeared before the Gwanda Magistrate’s Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain his bail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act)... More
MAKONESE J: This is an application for rescission of judgment and application for stay of execution. I have combined the two applications for convenience. They concern the same parties and the circumstances arise from the same subject matter. The application is opposed by the respondents. The 12 respondents nominated one Bishop Phakathi to represent them all. More
DUBE-BANDA J:This is a court application for a declaratur. Applicant seeks a declaratory relief couched in the following terms:
It is ordered that:
a. The sale of applicant’s bus by the 1st respondent pursuant to the court order under cover of case number HC 2576/18, obtained by the 2nd respondent under a sale conducted by the 3rd respondent be and is hereby set aside.
b. Alternatively, to order in paragraph (a) above it be and is hereby declared that the sale of the applicant’s bus is and was a legal nullity.
c. The applicant be and is hereby granted the... More
The 3rd respondent sold her house, Number 6460 Mkoba North Township to the applicants. The same property was also sold to the respondents in what appears to be a double sale. The applicants subsequently approached the magistrates court under case number 1965/02 seeking the ejectment of the occupants of 6460 Mkoba, the contentious house. The applicants cited the 3rd respondent only. The second respondent was the one in occupation and upon obtaining judgment, the writ of ejectment and notice of ejectment was duly served on the occupants. Ejectment was set for 25 August 2008. That ejectment proceeded and the 1st... More
This judgment relates to an appeal against conviction and sentence which came before us on 13 November 2023. The appellant appeared in the magistrates’ court sitting at Hwange on a charge of possession of raw ivory in contravention of s 82(1) of S.I. 326/1990 as read with s 128(b) of the Parks and Wildlife Act [Chapter 20:14] i.e., unlawful possession of unregistered raw ivory. It being alleged that on 1 February 2021 and at Lupinyu Business Centre, Victoria Falls, the appellant unlawfully and intentionally possessed two pieces of unregistered raw ivory weighing 1.09 kgs and 0.55 kgs. More
