At the hearing of this appeal we dismissed the appeal. These are the reason for that decision.Appellant was convicted of attempted murder and sentenced to three years imprisonment of which one year imprisonment was suspended for four years on condition of good behaviour.
He now appeals against both conviction and sentence.
The grounds on conviction basically attack the charge preferred as formulated by the State. The defence asserts that a fatally defective charge was preferred against the appellant, which charge was not amended or cured by the evidence.
The grounds of appeal on sentence attack the sentence for being too... More
Applicant applied to this Court for the review of the termination of her employment by Respondent. The application was made in terms of Section 92 EE of the Labour Act Chapter 28:01 (hereafter called the Act). Respondent opposed the application. More
This is an appeal against the judgment of the NEC for the Banking Appeals Board undertaking handed down on 8 June 2012 in terms of which the Appeals Board confirmed an earlier decision by the Respondent Hearing Officer to dismiss Appellant from employment with effect from 24 October 2011. More
The applicant alleges that on 7 September 2020, he entered into an agreement of sale with the respondent in respect of Lot 4 of Geluk Farm, Beatrice, aforesaid. In addition, the applicant avers that the respondent breached the agreement by failing to make payments as agreed between the parties, resulting in the applicant cancelling the agreement. She was given notice of cancellation by letter dated 27 September 2021. According to the applicant, when the respondent received the notice of cancellation, she asked for extension of time so that she could rectify the breach. More
1. The main issue in this application is whether a special plea filed outside r 119 of the High Court Rules 1971, is a nullity. Secondly, whether condonation for late filing of the special plea is permissible, if so, the stage at which an application for condonation of the late filing of the special plea ought to be made.
2. The chronology of events leading to the filing of this special plea is as follows. The plaintiff filed summons against the defendant on 20 August 2020 after which he filed appearance to defend on 28 August 2020 having been served... More
This is an appeal against the whole judgment and order handed down by a Magistrate sitting at Nyanga on 8 October 2020 where the court a quo granted an order in favour of the respondent interdicting appellant from gaining entrance into Claremont Secondary School premises, constructing a fireguard within and around the said school and barring appellant from erecting a fence around and within the respondent school More
This is an application for relief made in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The applicant is acting in her own interests although she also invokes the alleged violation of the rights of Movement for Democratic Change-Tsvangirai (“MDC-T”), a political party of which she is a member. More
The appellants were convicted of contravening section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Each of them was sentenced to four years imprisonment of which one year was suspended for five years on condition of good behavior. Another one year was suspended on condition that each appellant restituted the complainant in the sum of US$7 600 by 31 February 2010. More
The appellant is employed by the City of Harare (“the city council”) as Deputy Director of Housing and Community Services and was at the time of the alleged commission of the offence the Acting Director of Housing and Community Services when the incumbent was attending a week-long workshop in Kadoma. In June 2021, he was arraigned before the first respondent facing a charge of “criminal abuse of duty as a public officer, in contravention of s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]” (the Criminal Law Code). The allegations levelled against him are that he irregularly... More
This is an appeal against sentence. The appellant was convicted of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act[Cap9:23] by a Harare Regional Court and was sentenced to 36 months imprisonment of which 10 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. He remained with an effective sentence of 26 months imprisonment. The facts are that the appellant who was employed as a driver at Marase Estate was tasked to supervise a group of women who were collecting firewood in exchange for services they had rendered... More
This is a claim against the defendants, jointly and severally, the one paying and the other being absolved, for payment of an amount of USD1 242 778 plus 5% per annum on the said amount calculated from 1 January 2015 until full and final settlement, together with costs of suit on a legal practitioner and client scale. More
This is an opposed application for the joinder of the second and third respondents, brought in terms of rule 32 of the High Court rules, 2021. The second and third respondents did not oppose the application. Most of the facts and background to this dispute are not in contention. It suffices to note that, the first respondent is the applicant in suit HC 2741/14, in which the applicants, herein are the respondents. It is the same case in which the applicants seek the joinder of the said respondents. Central to the dispute in case HC 2741/14 is property 69 Glenara... More
