This is an appeal against the judgment of the High Court (the court a quo) granting the respondent leave to appeal to the High Court against the appellant’s discharge at the close of the State case at the Magistrate’s Court. At the conclusion of the hearing we dismissed the appeal and indicated that our reasons will follow. These are the reasons.
FACTS
The appellant was arraigned before the MagistrateCourt charged with: -
1. Contravening Section 3(1) (a) of the Precious Stones Trade Act [Chapter 21:06] and;
2. Contravening Section 3(1) (a) of the Gold Trade Act, [Chapter 21:03].
In the... More
This is an application for condonation of late noting of appeal and extension of time to note an appeal. Applicant gave a power of attorney to Erickson Mvududu (Erickson) to handle matters concerning House Number 14084C, New Zengeza 4, Chitungwiza, on her behalf as she is in Australia. More
On 3 October 2005, the plaintiff lodged with the Registrar of this court an urgent application for interim custody of her son Brandon. On 4 October 2005 a certificate of service was filed by the legal practitioners of the plaintiff confirming that service had been effected at the respondent’s residence. I enrolled the matter for 6 October 2005. At the appointed time there was no appearance by the defendant and I therefore issued a provisional order in terms of which the applicant was given immediate custody of the child. When the order was served on him, the defendant then filed... More
Appellant was charged and convicted of three counts of robbery by the Magistrates court sitting at Chinhoyi Regional Court on the 31" of May 2022. He was sentenced to six years imprisonment on each of the three counts. Three years imprisonment was suspended with conditions from the combined total of 18 years. He was left to serve 15 years in custody. Aggrieved by that decision, he has appealed to this court against both conviction and sentence in all the three counts. More
This is an appeal against a determination of the second respondent dismissing the appellant’s claim for underpayment by the 1st respondent. The appellant also filed a review against the 2nd respondent’s determination. The matters are unopposed. I have written this judgment simply to clarify the provisions of the relevant rule of this Court. More
At a pre –trial conference held in this matter, the parties agreed to proceed by way of stated case. The agreed facts are as follows;
1 The plaintiff is KDV FOAM MANUFACTURERS (PRIVATE) LIMITED, accompany duly incorporated according to the laws of Zimbabwe, who carries on the business of, inter alia, the manufacture of mattresses. More
The two applicants were convicted on their own pleas of guilty to a charge of stock theft. They connived and with common purpose proceeded to the complainant’s cattle kraal on 15 March 2011 in the dead of night at 2200 hours.
Once at the cattle kraal they stole and drove away two oxen with the intention of selling the two beasts. Police acting on information arrested the accused and recovered the two stolen beasts. More
This an application made in terms of o 38 r 314 of the High Court Rules 1971 whereby the applicant seeks a review of the taxation of a bill of costs by the second respondent in favour of the first respondent. The bill was taxed on 23 February 2017 and an amount of $79 188.00, excluding VAT was allowed. The applicant was aggrieved by this decision hence the present application. More
This is an appeal against part of the judgment of the High Courtawarding to the respondent, sole ownership of thematrimonial home, the payment of US$7 199.74 from their joint Lloyds Bank account, and the payment of US$5 000 as contribution towards the respondent’s legal costs and costs of suit. More
The applicant is a 17 year old juvenile attending Form 3 at Hamilton High School, Bulawayo. He is facing a murder charge as defined in section 47 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the allegations of murder. The state is opposed to the granting of bail pending trial on the grounds that applicant is facing an offence specified under Part 1 of the Third Schedule to the Criminal Procedure and Evidence Act (Chapter 9:07), and therefore must discharge the onus on him to show that he is a good candidate for bail.... More
This is an appeal against an arbitral award in respect to one Sikirwai Gandi and Milestone Academy (MA). The arbitrator’s terms of reference were to determine whether or not the termination of the respondent’s contract of employment was lawful, the amount of salary arrears and the appropriate remedy.
The arbitrator found that the termination was unlawful and that Milestone Academy owed the respondent arrear salaries in the amount of $6 976-40. He ordered that the respondent be reinstated or alternatively that he be paid damages in lieu of reinstatement.
Before this court, a party known as Keith Robin Mungoshi filed... More
Applicant was employed by 1st Respondent as its Accounts Clerk. Applicant was suspended in June 2006 over allegations of misappropriation of funds and incompetence. The matter only saw the light of day when a report was made to the Labour Officer culminating in arbitration where the Arbitrator found in favour of applicant. Respondent appealed to this Court and in her judgment dated 27 September 2013 Justice Hove ordered that the matter be referred to the employer to hold a hearing within specified periods of time. More
The accused was arrested and detained in custody on 3 counts of murder and one count of attempted murder. He allegedly shot dead his girlfriend, her father and her sister. He also shot and seriously wounded his girlfriend’s mother in the same fracas.
He subsequently appeared in court and was remanded in custody where he remains incarcerated up to this date. More
The applicant appeared before a Regional Magistrate at Masvingo facing one count of rape. He was legally represented and at the end of a contested trial was convicted and sentenced to 20 years imprisonment with 5 years being suspended on condition of good behaviour. Irked by the trial court’s decision he filed a notice of appeal to the High Court Registrar. He now appeared before me on application for bail pending appeal. More
