The applicant who was 37 years old appeared at Rusape Regional Court on 24 April 2019 facing two counts of Rape as defined s 65 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. On the first count the state alleged that on a date unknown to the prosecutor but during the period extending from December 2018 to January 2019 and at Chidawanyika Village, Chief Mutasa, Honde Valley, the applicant had sexual intercourse once with Juliet Mwanaka a female aged 7 years who at law is deemed incapable of consenting to sexual activities. The second count also... More
MWAYERA J: The appellants were arraigned before the Magistrate court on a charge of attempted Robbery as defined in s. 189 (1) (a) or (b) as read with section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:25]. It is alleged that on 28 November 2020 around 2350 hours the appellants or one or more of them approached the complainant whilst armed with machetes and catapults. They demanded for gold ore. They dragged the complainant to a mine shaft threatening him to disclose where the gold ore was. The complainant did not give in but screamed for help... More
On 16 November 2019 the four appellants noted an appeal against the decision of the Master of High Court (5th Respondent herein) where he accepted the late Rosemary Manyange’s Will for the purposes of the administration of the estate. The four appellants outlined twenty-three (23) grounds of appeal contained on five typed pages.
It will not be necessary to repeat the grounds of appeal for the purposes of this judgment. The appeal was set down for hearing on 3 June 2020 after having been postponed earlier due to Covid 19 pandemic. On 3 June 2020 the first and third respondents... More
The appellants lodged the present appeal against sentence imposed by the court a quo. The appellants were both convicted of two counts of assault as defined in s 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and secondly convicted of indicating a witch or wizard as defined in s 99 of the Criminal Law (Codification and Reform) Act[Chapter 9:23]. For assault the accused were each sentenced to 12 months imprisonment of which 3 months were suspended on usual conditions of good behaviour. More
On 29 March 2013, appellant and respondent concluded an agreement of cession relating to a certain piece of land situated in the District of Mutasa being Stand Number 729 Tsungure Medium density, Penhalonga measuring 506m2 for an amount of US$4 500-00. The appellant paid a deposit of $500-00 leaving a balance of $4 000-00 which was agreed to be paid off on or before 29 April 2013. The concrete stones on sight and river sand were included to form part of the purchase price. It is not in dispute that the appellant failed to meet the deadline date and the... More
