This is an appeal against conviction and sentence. The appeal was heard on 10 January 2024 and it was dismissed it in its entirety in an ex tempore judgment.The appellant pleaded not guilty. In his defence he explained that he was not denying the charge but this was a fight between him and the complainant. After hearing evidence from three state witnesses the court a quo dismissed the appellant’s story and was satisfied the witnesses were credible. There was no fight but the complainant was assaulted with unknown weapons and bricks in an attempt to rob him. The savage attack... More
This is an application for bail pending trial.The applicants appeared before a Regional Magistrate on trial charged with robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act, Chapter 9:23.The allegations against the applicants are briefly that they went to the complainant’s home, armed with a pistol. They threatened the maid with that pistol and made off with the complainant’s property, most of which was later recovered. More
The two applicants are former employees of the respondent. They seek from this court an order to the effect that:1. The memorandum of agreements of voluntary retrenchment signed on 12 August 2016 between the applicants and the respondents be declared valid and binding between the parties.
2. The respondent be ordered to pay the applicants their retrenchment packages forthwith in the sums of US$11 452,00 and US$13 372,00 respectively.
3. The respondent be ordered to pay costs of suit at an attorney and client scale. More
KABASA J: The plaintiffs issued summons against the defendant claiming US$500 000 in damages for defamation. This amount was apportioned at US$125 000 for each of the four plaintiffs.
The plaintiffs’ claim arises from a statement the defendant uttered at the plaintiffs’ sister’s funeral. The statement is not disputed but the defendant contends that the statement was made in her capacity as a family friend “sahwira”, the content of which was truthful, fair and meant to counsel the plaintiffs. Such statement was neither wrongful nor defamatory. More
The applicant was convicted by a Regional Magistrate at Plumtree of 39 counts of fraud in contravention of section 136 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant was sentenced to a total of 14 years imprisonment of which 3 years was suspended for 5 years on the usual conditions of future good conduct, a further 5 years was suspended on condition of restitution. Aggrieved and dissatisfied with both conviction and sentence imposed by the court a quo applicant has filed a notice of appeal to this court. The applicant has approached this court seeking bail pending... More
