This is an appeal against the determination of the Provincial Mining Director Manicaland, sitting at Mutare on 10 March 2020 where he ordered co-existence between the now appellant and firs respondent, allowing the first respondent to carry out sustainable mining operations in the plantation of the appellant. More
On 14 August 2019 the appellant appeared before the senior Magistrate sitting at Mutare facing a charge of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 13 August 2019 and Kale Church Federation, Dangamvura, Mutare, the appellant unlawfully and intentionally used violence and attempted to strike Tinashe Munyanyi on his hands with an axe and stole GTel X5 cell phone. The appellant who was not legally represented pleaded guilty, he was convicted and sentenced to 5 years imprisonment of which 1 year imprisonment was suspended for 5... More
This matter was set down for trial to commence on 6 September 2021. Counsel for the defendant rose and informed me that he intended to raise an additional preliminary point. The issue relates to what he termed the purported amendment of summons. Both counsel proposed to file supplementary heads of argument. In plaintiff’s supplementary heads of argument besides the amendment of summons and declaration issue he made additional submissions as regards the issue raised as early as the defendant’s plea, the issue of prescription. More
The declaration of the plaintiff attached to the summons states that the plaintiff is a local businessman in Mutare. First defendant resides in Mutare and second defendant resides in Harare and is a registered legal practitioner.
On 19 July 2017 and at Harare at second defendant’s offices the parties entered into an agreemet of sale where first defendant sold to plaintiff Stand 7061 Mutare Township for a purchase price of US$90 000-00. The terms of the agreement were that US$60 000-00 was to be paid upon the signing of the agreement, US$ 15 000-00 on or before 30 November 2017,... More
On 17 October 2018 the appellant was arraigned before the Provincial Magistrate sitting at Rusape facing stock theft as defined in s 14 (2) (a) (i) and (ii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It was alleged that on a date unknown to the prosecutor but between 2017 and September 2018 and at Marowa Village Chief Makoni Rusape, Takudzwa Mufandaedza and the appellant one or both of them unlawfully and knowing that Innocent Mufandaedza is entitiled to own, possess or control 31 cattle or their produce or realising that there was a real risk or possibility... More
