1. This is a bail appeal against the decision of the Magistrates’ Court sitting in Gweru given on the 25th June 2022. The appellant is charged with two counts of contravening section 114 of the criminal Law (Codification and Reform) Act [Chapter 9:23 it being alleged that on the 11th June 2022 he stole six cattle belonging to the 1st complainant and three cattle belonging to the 2nd complainant and drove them to his homestead. It is alleged further that the cattle were positively identified by the two complainants. More
MABHIKWA J: The applicant in the matter filed an urgent chamber application for stay of execution seeking the following interim relief that:
1. Pending the return date, the 1st and 2nd respondents be ordered to suspend execution of the court order obtained by the respondent under case number HC 1416/20.
2. The 1st respondent pays the costs of this application.
I must state from the onset that the court took note in this case that the application could have been overtaken by events. That is to say;
(a) According to the certificate of urgency, the eviction was scheduled for 24... More
Applicant married the respondent on the 23rd of April 1997 in terms of the Marriages Act (Chapter 5:11). On 29th September 2016, the applicant filed for divorce as the marriage had irretrievably broken down and there were no reasonable prospects of restoration of a normal marital relationship between the two. A decree of divorce and ancillary relief under case No. 2460/16. The order was granted in default. In terms of the divorce order the applicant was awarded the matrimonial immovable property being house No. 4053 Mkoba 10, Gweru as his sole and exclusive property. Respondent was awarded household furniture. Aggrieved,... More
1. This is a bail application pending review. The applicant was charged with the crime of contravening section 3 (1) as read with section 3 (3) of the Gold Trade Act [Chapter 21:03]. He pleaded guilty. The trial court found no special circumstances and he was sentenced to the minimum mandatory sentence of five years imprisonment. Aggrieved by the sentence the applicant filed this application for review. More
This is an appeal against the refusal of the Magistrates court, sitting in Kwekwe, to admit the appellant to bail pending the conclusion of his trial which is already on course. Appellant is charged with the crime of contravening section 3(1)(2)(3) of the Gold Trade Act [Chapter 21:04] “unlawful dealing in gold.” It is being alleged that on the 27 January 2020, and at Mbizo 2 shops, Kwekwe, appellant not being a holder of a permit or licence authorising him to deal in gold, unlawfully bought or received 65 grams of gold. In the alternative, he is charged with the... More