Applicant and respondent are husband and wife. They were married to each other at Bulawayo on 30th July 2016 in terms of the Marriage Act (Chapter 5:11). The parties are going through an acrimonious divorce. At the centre of the dispute is the distribution of the immovable and movable assets of the matrimonial estate. The parties are living in separation. Applicant has approached this court on an urgent basis seeking an order for spoliation. The gist of the application is that he was in peaceful and undisturbed possession of a Toyota Hilux GD 6, double cab, white in colour, registration... More
KABASA J: This is an application for bail pending trial. The applicant is facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. It is alleged the applicant with 3 others were hired by one MlamuleliNcube to kill the deceased and NomalangaSibanda as they were an unwelcome competition in a gold buying enterprise. They were paid US$250. On 16th January 2021 at around 1600 hours the applicant and his 3 accomplices followed the deceased and NomalangaSibanda who were on their way fromNcema river and caught up with them at Mzingwane... More
1. At the conclusion of the hearing of this matter I handed down an ex tempore judgment and dismissed this application. I did so to facilitate the start of applicant’s criminal trial before the Regional Court, because I had noted from the submissions of Mr Tashaya counsel for the applicant that this application was being used to derail or stall the start of the trial. Notwithstanding that none of the parties had asked for written reasons, I decided to furnish them nonetheless. More
This matter was placed before me as an Urgent Chamber Application. I soon directed that the Applicant serve the Respondents and the matter be set down for arguments. That was done. More
This is an appeal against the refusal of bail pending appeal by the magistrate in the court a quo, made in terms of s 121(1)(6) of the Criminal Procedure and Evidence Act (Chapter 9:07). The appeal is opposed by the state on the grounds that the appellant had failed to show that the court a quo committed an irregularity or that it exercised its discretion unreasonably. More
