ZISENGWE J. On 30 September, 2020 we delivered an ex tempore judgment whose net outcome was to the following effect; (i) to uphold the 3rd and 4th appellant’s appeal against conviction in respect of count 1 (and the concomitant setting aside of the sentence attendant thereto), (ii) to dismiss the 1st and 2nd appellants appeal against both conviction and sentence in respect of count 1, and (iii) to dismiss the appeal by all four appellants against both conviction and sentence in respect of count 2. More
1. The applicant, following a full trial, was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
2. The judgment was rendered on 30 November 2017 by the Regional Court sitting at Harare.
3. On the same date, the applicant was sentenced to 16 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behavior.
4. On 15 August 2019 the applicant, under CON 231/19, filed an application for leave to appeal (against both conviction and sentence) out of time.
5. On 6... More
This is an appeal against the decision of the respondent’s Appeals Authority to uphold the decision of the Disciplinary Committee dismissing the appellant.
Appellant was employed by respondent as an accountant at head office. He was charged with fraud in terms of the respondent’s code of conduct. He was convicted and dismissed from employment. An internal appeal was not successful leading to appellant approaching this court. More
1. This is an appeal against sentence only.
2. The appellants separately appeared before the Magistrates Court sitting at Harare and were convicted pursuant to pleading guilty to one count each of reckless driving as defined in s 53(2) of the Road Traffic Act [Chapter 13:11] (the Act).3. Both were sentenced to 18 months imprisonment of which 8 months were suspended for 3 years on condition the appellants do not within that period commit any offence involving reckless or negligent driving for which they would be sentenced to imprisonment without the option of a fine. The effective custodial term in... More
The applicant applies for bail pending trial. She is a female adult aged 29 years old. She first appeared before the magistrate at Chivhu court on initial remand on 13 November 2020 charged with four counts of murder. The case of the applicant caught the public eye and was also widely covered by the Press. Its circumstances are tragic. The applicant is married and had four minor children born of the marriage prior to the commission of the offence. More
This is an application by applicant to amend its declaration. The applicant instituted a claim against the respondents claiming refund of the purchase price the applicant paid to the first respondent through the third respondent in respect of the purchase price of a property purchased from the first respondent called Stand 1576 Ardbennie Township of Subdivision A of 5, 6 and 7 Block MM Ardbennie township. The second respondent was the Agent of the first respondent in the sale agreement and the applicant paid the full purchase price through the third respondent in terms of the agreement of sale More
This appeal concerns a mother who hid her young daughter’s friend from her parents who had been frantically searching for her everywhere. The two young friends had left the complainant’s residence and went to the appellant’s residence. Although she was confronted by the complainant’s parents regarding their daughter’s whereabouts, the appellant denied sheltering and secreting the victim away. More
The plaintiff approached court seeking that she be declared the owner of house number 64 Nzou Street, Rimuka Kadoma (hereinafter referred to as the property) and the eviction of the defendant. The defendant is defending the claim and challenges the relief sought. The application is well within the law in terms of s 14 of the High Court Act [Chapter 7:06] which empowers this court at the instance of an interested party to enquire into and determine any existing, future, or contingent right or obligation. The parties appeared in chambers on 12 September 2023 and given that the facts are... More
The plaintiff instituted action proceeding seeking the following order:
1. That the first, second and third defendant transfer Stand 121 Muchenje Drive Mbare to the plaintiff, failure of which the deputy sheriff was to be empowered to sign documents necessary for such cession to take place. More
This is an appeal from a determination by the Respondent’s Disciplinary Committee in disciplinary proceedings that had been convened against the Appellant. The disciplinary proceedings were convened in terms of provisions under the Public Service Regulations, Statutory Instrument 1 of 2000 as amended. The operative part of the order reads as follows More
This is an appeal against part of the judgment of the Labour Court setting aside an arbitral award in terms of which the respondent was ordered to pay the appellant the sum of US$ 17 500.00. More
The famed Nigerian author, feminist and motivational speaker Chimamanda Ngozie Adichie in one of her TED talks discussed an interesting topic titled, “The dangers of a single story”. She talked about how she was initially shaped by one narrative on life but she later realised how dangerous such a trajectory is. This matter epitomises such dangers when one party is so adamant that during the subsistence of the marriage, only one narrative matters and in the process completely misses the tenets of the Matrimonial Causes Act [Chapter 5:13]. More
This is an appeal against part of the judgment of the Magistrates Court (“the court a quo”) handed down on 5 March 2024. The appellant appealed against part of the judgment of the court a quo that awarded her only 25 percent shares in the immovable property called Stand 2094 Kukura Kuroja Housing Co-operative, Hatcliffe, Harare (“the Hatcliffe property”). In terms of that judgment, the court a quo dismissed the respondent’s claim for the eviction of the appellant from the Hatcliffe property and awarded the appellant a share of 25 percent of the said property against the 50 percent share... More
This is an application for a declaratur in terms of section 14 of the High Court Act (Chapter 7:06). The order sought by the applicant in the Draft Order as amended is in the following terms: More
