This is an appeal against bail refusal.
The appellant is appearing before the magistrates court at Harare facing a charge of money laundering as defined in s 8(2) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24].
The allegations are these. On 8 October 2021 the appellant, acting in connivance with one Paminus Mutengo (Mutengo) opened two visa card accounts at separate branches of Banc ABC in Harare. He opened the accounts in his own name whereupon he furnished the account details, the personal identification numbers as well as handed over the visa cards to Mutengo. More
I dismissed the applicant’s application for bail pending appeal on 2 December, 2016. I indicated that I would provide written reasons for my order. These are they.
The applicant was charged with 5 counts of contravening s 60 A (3) (b) of the Electricity Act, [Chapter 13:19]. He was arraigned before the Regional Magistrate at Bindura Court to answer to the charges More
1. This is an urgent application. This application was filed during vacation. It was first set-down before MOYO J and the Judge directed as follows: that the matter is removed from the roll to enable 1st respondent to file opposing papers no later than 26 April 2022; the matter will then be placed before the next duty judge for set-down; and that the applicant can serve 1st respondent with the notice of set down and file a certificate of service. This matter was then placed before when I assumed my vacation duty. More
Appellant and one Stanley Ndongwe were jointly charged for contravening s 60(1)(a) of the Electricity Act, the allegations in the main charge were that on an unknown date to the public prosecutor during the month of July 2020 and at Muparutsa Business Centre, Honde Valley, one or both of them unlawfully abstracted or diverted electric current or caused electricity current to be abstracted or diverted to the appellant’s grinding mill. Alternatively appellant unlawfully used electricity current at his grinding mill knowing it to have been unlawfully abstracted or diverted. More
This is an appeal following a determination by a designated agent (DA) dismissing the appellant’s claim for constructive dismissal by the respondent.
The appellant was employed by the respondent initially as a demonstrator. He was later elevated to the position of sales representative. The record shows that on 12th December 2022 the respondent made a decision to retrench the appellant More
This is an application for condonation for late noting of appeal. For such an application to succeed, applicant has to;
1) Reasonably explain the delay and
2) Show that he has prospects of success on appeal.
Applicant submitted that he was not aware of the time frame within which to note his appeal. He also submitted that he did not have the financial resources to get in touch with his worker representative. The above reasons do not constitute reasonable explanation for the delay. The Applicant received the determination in November 2011. He failed to file his appeal his appeal within... More
This is an appeal against sentence only. During the appeal hearing, the appellant properly, in our view, abandoned his appeal against conviction because it lacked merit. More
This is an application for condonation. The applicant seeks to be allowed to file out of time a dual review and appeal against the decision to dismiss the applicant from employment.
The record shows that the employer sought to discipline its employee, the appellant, in terms of its Code of Business Conduct. More
The appellants appealed against the decision of the Magistrates Court in which they were convicted after contest of contravening sections 189 as read with s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) and s 89(1) of the Code. More
The Applicant approached this court seeking the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Cap 28:01].
The application is opposed mainly on three grounds which were raised as points in limine. Firstly the Respondent argues that the applicant proceeded by way of chamber application instead of a court application. Secondly that the award was granted in default and the Respondent has applied for the rescission of the award. Thirdly the matter is lis pendenis.
Points in Limine More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 26 March 2021, applicant in the company of other six accomplices used violence, or threats of immediate violence upon one Zenzo Proud Nkomo to relinquish control over 200 kgs of pregnant gold carbons and one 303 rifle, the property of Lone Mine (complainant). More
What confronts this court in this civil trial is a box ring match. There is no witness testimony, nor is there any other real, direct and independent evidence to support either side’s averments. It is the plaintiff’s word against that of his opponent. The mammoth task is the need to place before the court enough circumstantial evidence upon which the court can plough through to arrive at a reasonable inference exclusively pointing one direction as opposed to the other, intriguingly bearing in mind the parameters of the burden of proof in Civil matters. More
The facts of the matter are that the applicant and the first respondent are involved in a trial in the Magistrates Court. The first respondent which is the plaintiff in the matter sued the applicant who is the defendant for eviction from Shop no. 11 Corner 40 Cameron Street Harare. It is common cause that on 7 July 2023, the applicant arrived late for continuation of trial and found the court having issued a default judgment. It is on this basis that the applicant prepared and filed the present urgent chamber application for stay of execution of the default judgment... More
