On 11 May 2025 I gave the following order in a chamber application for condonation and extension of time:
“1. The defective appeal was struck off on the 26th of March 2025 and the applicant had 30 days to act in terms of Practice Direction No. 3 of 2013, and had up to 26th April 2025 to file the application.
2. The prospects of success on appeal do not exist.
3. On both of these grounds the application is refused.” More
On 27 November 2019 we dismissed this appeal in its entirety and indicated that our reasons for dismissal would follow, these are they.
On 10 April 2019, the appellant appeared on charges of contravening s 131 (1) (a) as read with s 131 (2) (e) of the Criminal Code for unlawful entry into premises in aggravating circumstances, he was convicted after a full trial and sentenced to 36 months imprisonment with 6 months imprisonment being suspended for 5 years on the usual conditions of future good behaviour, a further 12 months were further suspended on conditions of restitution. When the... More
This is an appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 9 September 2020 where the Magistrate dismissed an application filed by the Appellant for Rescission of a default judgment.
The appeal is opposed.
FACTS
On 27 January 2020 the Respondent instituted summons against Appellant claiming $200 000-00 adultery damages. On 16 June 2020 Respondent applied for default judgment which was granted by the Provincial Magistrate. Appellant had been served through his wife on 18 February 2020. On 7 July 2020 a warrant of execution was issued in favour of the Respondent. More
The appellants have approached this court on an appeal against refusal of bail by the magistrates court. The appeal is opposed by the respondents.
The appellants were arraigned before the magistrates court facing allegations of unlawful dealing or possession of dangerous drugs as defined in s 156(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in that they were arrested by police in possession of 60kg of dagga. Secondly appellants were charged with contravening s 25(2) of Statutory Instrument 10 of 21 in that the appellants were disregarding curfew regulations when they were apprehended at 2000 hours. More
