The three records of proceedings came to the High Court through referral by scrutinising regional magistrates in terms of s58 (3) of the Magistrates’ Court Act [Chapter 7:10]. The records were separately placed before two other judges and me. After a discussion, the judges were of the view that the concerns arising from the proceedings were similar. It was therefore prudent to address them in a composite judgment. More
The applicants filed separate court applications which we consolidated at the request of the applicants because it was convenient to do so.
The applicants were jointly charged with Joshua Chifamba in a trial pending before the 1st respondent. They appeared before the Anti-Corruption Court sitting at Harare Magistrates Court. The three were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The counsels for the applicants in Case HC 4304/18 by letter dated 29 June 2018 requested that the two matters be consolidated and be heard at the same time. The request was not opposed and it was granted. More
The above matters were placed before me on automatic review in terms of s 57 (1) and (4) of the Magistrates’ Court Act, [Chapter 7:10]. I have decided to consolidate the reviews because the cases were heard before the same regional magistrate. More
The two matters came before me by way of automatic review. Since they were dealt with by the same magistrate and have a common flaw it is convenient to deal with the issue in one judgment. More
The two applications were filed separately. The first one was filed on 12 October 2023 under case number HCH 6684/23. The second application was filed on 16 October 2023. They are both urgent court applications for a declaratur and consequential relief in terms of s 14 of the High Court Act [Chapter 7:06]. At a case management meeting held on 17 October 2023 all the parties to both applications consented to the consolidation of the two applications for them to be argued as one. That agreement stemmed from the realization and acceptance that
the cause of action was the same... More
: the accused aged 23 and 22 years old respectively appeared before the trial magistrate on guilty plea in terms of S271(2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. They were charged with stock theft as defined in s 114 (2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The details of the charge were that on 28 October, 2020 at Mukodzongi village, Chief Negomo, Nzvimbo the two accused unlawfully opened the complainant’s cattle pen and drove away one ox and put it out for sale. A prospective buyer alerted the police when the accused... More
The two records of proceedings in these two cases where dealt with by the same Magistrate at Harare Magistrate Court on 16 and 17 March, 2021.
In case number HREP1700/21 the accused pleaded guilty to the offense of theft as defined in s113 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] ( the code). The admitted facts where that on 10 March, 2021 the accused stole a Samsung phone handset from the complainant’s phone repair shop. The phone was not recovered. The theft occurred at Chiremba Shops in Epworth. The accused was sentenced to 15 months imprisonment with... More
The four cases herein are of the same nature. Accused persons in all four matters were rightfully charged of having consensual sexual intercourse with minors. However, in all cases, all the accused persons succumbed to the same fate of incorrect sentencing. I shall then turn to deal with the factual issues of each and every case. More
The two cases cited above were dealt with by the same Provincial Magistrate N. Mangoti Esquire at Concession Magistrate Court. The trials were disposed of by way of guilty pleas in terms of the provisions of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. When the records were placed before me on review, I raised a query for comment by the trial magistrate on whether the Magistrate had complied with s 271 (3) of the same enactment which requires that the charge should be explained to the accused and that the explanation given to the... More
The applicants herein filed a court application and sought the following relief, that;
(a) It be declared that the election of 1st respondent as councilor for ward 3 in Bulawayo was in contravention of section 119 (2) (e) of the Electoral Act, Chapter 2:13 following his conviction of theft at the Bulawayo Magistrates’ Court under criminal record book number 1981/18 on the 27th of June 2018 and is therefore set aside on account of being null and void.
(b) Consequently, the election of 1st respondent as 2nd respondent’s Deputy Mayor be set aside.
(c) Costs of suit at an attorney... More
Applicant filed an urgent chamber applicaion which was opposed. On 20 December 2018, my brother TAKUVA J heard the matter and granted the interim relief sought therein. The matter now comes to me for confirmation of the provisional order. The applicant seeks confirmation for a final order in the following terms, that More
The accused person faces a charge of murder, it being alleged that on the 1st of July 2016 at Mutemeri village in Shurugwi, he unlawfully caused the death of Anesu Mutangamberi by striking him once on the head with an axe. More
This is an application for a Declaratur sought in terms of s14 of the High Court Act, [Chapter 7:06] where the applicant seeks the following order:
“IT IS HEREBY ORDERED THAT:
1. First respondent’s rights, title and interest in certain piece of land situated in the District of Umtali called stand 1815 Chikanga Township of Umtali Township Lands measuring 300 square metres be and are hereby declared executable in satisfaction of the judgment, in favour of the Applicant, in case No. HC 145/20.
2. The first, second and third respondents be and are hereby ordered to sign the necessary cession... More
This is an appeal against an arbitral award handed down on 26 January 2015 in terms of which the appellant was ordered to reinstate the respondent or pay him damages in lieu of reinstatement. More
