On 15 August 2005 the respondent entered into a written agreement of sale with one Tendai Mutasa for the sale of property namely a rural homestead situated in Mwoyoweshumba Village in Watsomba constituted of a five roomed house, 2 thatched kitchen huts, a large field measuring 3 hectares and a utility blair ablution. After the respondent paid Tendai Mutasa, Tendai Mutasa introduced respondent to the village head who in turn endorsed and approved the sale of the improvements and entered respondent’s name into the village head’s register. The respondent clearly stated that he bought the structures/improvement at the homestead and... More
1.The applicant seeks bail pending appeal in terms of s 123 (1) (b) (ii) of the Criminal Procedure and Evidence Act [Chapter 09:07]. He stands convicted of the crime of unlawful possession of ivory or a trophy of a specially protected animal in contravention of s 82 (1) (b) as read with s 128 of the Parks and Wildlife Act [Chapter 20:14]. He was convicted of the said offence on 16 May 2025 and on 23 May 2025 he was slapped with a minimum mandatory sentence of 9 years imprisonment by the Magistrates Court in Mutare. He has raised an... More
The applicant approached this court seeking a spoliatory relief, in other words, a restoration order directing the respondent to restore a motor vehicle which the applicant alleges was arbitrarily seized from him on 1 November 2019. The applicant was in possession of a vehicle namely Ford Ranger Registration number AEV 6196, Engine number SA2KPEP15708 and Chasis number AFAPXXMJ2PEP1570, before the respondents impounded the vehicle causing it to be parked at Mutare Central Police Station. The respondent is opposed to the application, in summary, on the basis that the seizure of the vehicle was lawful and that the vehicle in question... More
The appellant together with 3 co-accused were arraigned before the Magistrate Court Mutare facing a charge of contravention of s 368 (1) as read with s 368 (4) of the Mines and Minerals Act, [Chapter 21:05] “Prospecting for minerals without a permit or licence” the appellant together with another were tried and convicted after full trial while the other 2 co-accused were found not guilty and acquitted. The appellant and the co-accused whom he was convicted with were sentenced to 2 years imprisonment being a mandatory sentence. The appellant was dissatisfied by the conviction and noted an appeal with this... More
On 16 October 2019 we upheld an appeal against both conviction and sentence passed by the court a quo and indicated that reasons would follow. These are they: More
