After hearing this opposed matter, I rendered an ex tempore judgment and dismissed the application. Applicant has requested for reasons for judgment. These are they:
Applicant sought an order in the following terms:
“1. The application for unlawful detention be and hereby granted and applicant be released conditionally or unconditionally (sic).
2. The applicant be and is hereby granted leave to prosecute the application in person.
3. There shall be no order as to costs.” More
Charles Chirozvi and Nickson Mareya were jointly charged with Tinashe Chinhango before the Provincial Magistrate sitting at Mutare facing Robbery as defined in s 126 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It was alleged that on 29 November 2018 at Chikanga 2 Mutare, near sports field accused took property that is a G-tel A728xP2 model cell phone and cash $2-00 from Bokang Mukwena by forcefully pushing him to the ground and hitting him with a stone on the forehead and kicking him on the ribs several times intending to induce Bokang Mukwena to relinquish his... More
The facts appear in applicant’s founding affidavit. Applicant occupied a piece of communal land in Chibvembe Village, Chief Katerere in Nyanga in 2004. He established a homestead, cattle pens and temporary structures. He is not an illegal miner nor an illegal occupier. However his homestead is surrounded by mining claims, Chisero Mining Syndicate is located at a distance of 500m from his homestead. The record shows a history of court cases brought against the applicant however among all those papers is no extant order against the applicant.
On 8 February 2022 a group of police details, members of the army... More
On 22 January 2020 we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow; these are they.
On 15 July 2019 the appellant was convicted and sentenced to 10 years imprisonment for contravening s 89 (4) (b) of the Post and Telecommunication Act [Chapter 12:05], it being alleged that on 6 December 2018 and near PG Safety Glass Workshop, along Vhumba Road, Mutare, appellant without lawful cause cut and stole 20:06 kilogrammes of underground telecommunications line belonging to or used by a communication licence holder, secondly appellant was also convicted and sentenced to... More
On 26 May 2016, appellant was arraigned at the Regional Court sitting at Rusape facing Rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on the date unknown to the prosecutor but during the month of April 2016 and at Chizunza Village, Chief Makoni, Rusape, appellant unlawfully and knowingly had sexual intercourse with Talent Makolo, a female juvenile, aged 11 years, once without her consent or realising that there is a real risk or possibility that she may not have consented to it. More
