The first to third respondents are accused persons appearing before the Magistrate who is cited as the fourth respondent.
The background to the application is as follows:-
The first to third respondents appeared before a Magistrate sitting at Masvingo charged with six counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform Act) [Chapter 9:23].
The state outline can be summarized as below:
The complainant is Bikita Minerals (Pvt) Ltd. On 29 May 2018 Gift Gwande an export manager at Bikita Minerals sent a product dispatch schedule (PDS) to Tribal Logistics requesting six trucks to... More
The appellant approached this court dissatisfied with the Magistrates Court’s decision of dismissal of his bail application pending trial. The brief background of the matter is that appellant was arraigned before the Magistrates Court facing a charge of possession of dagga as defined in s 156 (1) (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations being that on 10 June 2020 the accused person together with the other unknown persons proceeded to Ruwangwe area where they loaded 11 x 50 kg sacks of dagga into a silver Toyota vehicle Registration AEI 3787. Upon approaching a... More
The three Defendants filed a special plea seeking dismissal of the Plaintiff’s claim. The Plaintiff issued summons seeking the following relief from the court:
1. An order declaring the agreement of sale between the Plaintiff and First Defendant to be valid and still operational.
2. An order declaring the agreement of sale that was entered into between the First, Second and Third Defendants to be null and void.
3. An order nullifying the transfer of title of land into the Third Defendant’s name.
4. Costs of suit. More
On 25 March 2020 respondent approached the Magistrate court with an ex parte application for a peace order and interdict. In his founding affidavit applicant contended that he was authorised to stay at Fairhelme Farm known as Sendekera Farm by the then Resident Minister for Manicaland Mandiitawepi Chimene after paying US$25 000. The respondent had been trying to forcefully evict him. In 2017 appellant instituted proceedings under case No. 2225/17 as well as HC 691/18 and HC 164/18 but later on withdrew the summons. The government had indicated that both Mandiitawepi Chimene and a company formed by her had no... More
