This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court (“court a quo”). The appellant, Nomathemba Banda, secured a loan from the respondent, FMC Finance (Private) Limited. The respondent contended that the appellant defaulted in her loan repayments and sued for the recovery of the balance outstanding. The court a quo granted summary judgment in favour of the respondent. For ease of reference and where the context allows the parties shall be referred to as in the court a quo i.e., the respondent as the plaintiff and the appellant as the defendant. More
KABASA J: On 24th July 2020 an application was argued before me where the 1st respondent was the applicant in an application seeking condonation for late filing of an application for review. The decision that was sought to be reviewed upon the granting of the application was the 3rd respondent’s. I dismissed that application in a judgment which was handed down on 20 August 2020 More
1. This is an application for bail pending appeal. Applicant and his co-accused were convicted after a full trial by the Regional Magistrate sitting at Bulawayo on the 21st January 2022, on one count of contravening section 45(1) (b) as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of specially protected animal trophy – pangolin carcas). They were sentenced to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and sentence, applicant noted an appeal to this court. The appeal is pending under... More
This is an application to re-open the administration of a finalized deceased estate. The estate has been administered and finalized in terms of the provisions of the Administration of Estates Act [Chapter 6:01]. More
The appellant appeared before a Provincial Magistrate sitting at Lupane Magistrates Court facing a charge of Contravening Section 49 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, namely culpable homicide, to which he pleaded not guilty. He was however convicted and sentenced to pay a fine of $600 or in default of payment 6 months imprisonment. He also had his driver’s licence endorsed.
Dissatisfied with the conviction the appellant appealed and took issue with the court a quo’s decision on the following grounds:-
1. The court a quo grossly misdirected itself on the facts that no court faced... More
