Appellant and one Stanley Ndongwe were jointly charged for contravening s 60(1)(a) of the Electricity Act, the allegations in the main charge were that on an unknown date to the public prosecutor during the month of July 2020 and at Muparutsa Business Centre, Honde Valley, one or both of them unlawfully abstracted or diverted electric current or caused electricity current to be abstracted or diverted to the appellant’s grinding mill. Alternatively appellant unlawfully used electricity current at his grinding mill knowing it to have been unlawfully abstracted or diverted. More
When the Registrar sought directions to enable compliance with the order it dawned to me that the order I had issued was erroneously sought and granted. That erroneously issued order is incapable of enforcement as it has no legal basis for its issuance. The Registrar could thus not enforce it. Upon realising the error I communicated with the Applicant’s Counsel pointing out that the order issued had to be revoked in terms of order 49 rule 449 of the High Court Rules, 1971. Rule 449, deals with correction, variation and rescission of judgments and it states:
“1. The court or... More
On 11 October 2019 the appellant was convicted of contravening s 53 (2) of the Road Traffic Act [Chapter 13:11] for reckless driving and was sentenced to 2 years imprisonment, in addition he was prohibited from driving commuter omnibuses or heavy vehicles for the rest of his life in term of s 54 (4) (a) (b), further appellant’s licence was cancelled. More
This is an application for absolution from the instance.
Tendai Madungwe (hereinafter called the deceased) died from injuries sustained in a bus accident that occurred at the 257 kilometer peg along Harare Chirundu Road. She is at the centre of this trial. First Plaintiff is deceased’s husband while second to sixth Plaintiff are children born of deceased and first Plaintiff. Defendant is a bus company which owns the bus which was involved in an accident that resulted in deceased’s death.
Two issues were referred for trial namely:
1. Whether or not defendant’s driver negligently caused the accident
2. Whether or... More
1.The appellant is dissatisfied by the decision of the learned Regional Magistrate sitting at Rusape Magistrates Court on 23 June 2023 whereof he was convicted of the crime of rape in contravention of s 65(1) as read with s 64(1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. He was sentenced to 18 years imprisonment of which three years were suspended on usual conditions of good behavior. His appeal is against conviction only. After hearing submissions from both counsel on 15 January 2025, we were not persuaded to interfere with the decision of the trial court and we... More
