The applicants were charged and convicted of robbery as defined in section 126 (2) of the Criminal Law Codification and Reform Act (Chapter 9:23) by a Regional Magistrate sitting at Gwanda on 28th October 2021. Applicants were each sentenced to 10 years imprisonment of which 2 years were suspended for 5 years on the usual conditions of future good conduct. Dissatisfied with both conviction and sentence applicants filed an appeal with this court. The applicants now make an application for bail pending appeal. The application is opposed by the state. More
This is an application for bail pending appeal made in terms of section 123(1)(b)(ii) of the Criminal Procedure and Evidence Act [Chapter 9:07] The Principles underlying an application of this nature are trite viz; the likelihood of abscondment, the prospects of success on the actual appeal and the delay before the appeal is heard. These are weighed against the interests of the administration of justice and the individual’s right to freedom. In the matter of S vs Kilpin 1978 RLR 282 (A) it was held that the principles governing the granting of bail after conviction were different from those governing... More
This is an application for a declaratory order. The basis of the declaratory order sought is an alleged fraudulently instigated cancellation of a Deed of Transfer by the 2nd respondent at the behest of the 1st respondent. The declarator seeks to vindicate the applicant’s right of ownership in terms of the Deed of Transfer No. 2290/2018. More
This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“Pending the determination of applicant’s applications for review filed under cover of case numbers HCR 1141/20 and HCR 1423/20, proceedings in the case under cover of case number CRB BYO R 83/20 be and are hereby stayed.
In the event that the interim relief is granted, the final order sought is:-
“ Applicant’s case, proceeding under cover of case number CRB BYO R 83/20 having been reviewed and set aside in HC 1423/20, proceedings in CRB BYO R 83/20 be and are hereby permanently stayed.” More
This is an application for bail pending trial. The applicant is facing a charge of murder it being alleged that on the 1st of January 2022 he caused the death of Constance Chitete by drowning her in a sewage pond with the intention to kill her or the realization that she may die. The allegations are that the 2 had a misunderstanding and accused then through his actions drowned the deceased in the sewage pond. More
