On 17 February 2017, with the consent of the parties who appeared before me I gave an order by consent of both parties which set aside the decision of the court a quo sitting at Gwanda, wherein the learned magistrate had declined to discharge the applicant at the close of the state case.
There has been a flurry of correspondence demanding my reasons for my order. Here are the reasons.
The background
This is an application for review against the decision of the Provincial Magistrate sitting at Gwanda wherein he declined to grant an order for the discharge of the... More
This is an application for bail pending appeal. The application is opposed. Applicant appeared before a Regional Magistrate at Bulawayo on the 12th of August 2022 facing a charge of contravening section 128 (b) of the Parks and Wildlife Act (Chapter 20:14), as amended by section 11 of the General Laws Amendment, 5/2011, that is possession of a specially protected animal or trophy. Applicant was convicted and sentenced to the mandatory 9 years imprisonment for being in possession of a pangolin carcass. Applicant has noted an appeal against both conviction and sentence in this court. This application has been motivated... More
This is a court application filed in term of section 318 of the Companies Act [Chapter 24:03]for an order declaring 1st and 7th respondents to be personally liable for the judgment debt in Ames Engineering (Pvt) Ltd (applicant) v Nu Aero (Pvt) Ltd t/a Fly AfricaHC 2915/18. The basis of this application is that the directors of the 6th respondent (company) conducted its business in a manner that is fraudulent, alternatively reckless or grossly negligent.
CassindyMugwagwa was joined as 7th respondent in terms of an order obtained in HC 775/19. On the 3rd April 2019, applicant filed a notice of... More
This is a mining dispute where two competing miners are jostling for the same piece of land. The 2nd respondent is a mining syndicate formed as a co-operative in 1988. It had fifty-eight (58) members. After its formation, it was granted mining rights over Partridge 2 and 3 mines at Esigodini. The respective registration numbers for these claims are35484/34463. The syndicate has at all material times been exercising their mining rights. More
This is a bail application pending trial. The applicant is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. It is alleged that on 24 October 22 he had sexual intercourse with Tahana Sibanda without her consent (deceased) and thereafter caused her death by strangulation. The pathologist who examined the remains of the deceased opined that she was sexually violated and died of asphyxia and strangulation. More
