The applicant is in remand prison on allegations of armed robbery as defined in section 126 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant acting in consort and common purpose with 4 others is alleged to have robbed ZB Bank at gun point on 18 March 2010. He is alleged to have supplied the firearm that was used in the robbery. The gang using force and violence then stole USD114 724-00, ZAR14 332-00, one pistol and six cell phones More
In practice a judicial officer should resist the temptation to render a decision without satisfying himself or herself that such order is legally competent. This is particularly important in the magistrates court because magistrates court and magistrates do not have inherent powers. They can only exercise powers given by statute. In this case the magistrate sitting at Mutoko suspended warrants of arrest issued against the applicants at the instance of the High Court. This court had, through its Registrar in the exercise of a delegated judicial function, dismissed the applicants’ criminal appeals for want of prosecution and ordered their apprehension... More
1. This is a bail appeal against the decision of the Magistrates’ Court sitting in Gweru given on the 25th June 2022. The appellant is charged with two counts of contravening section 114 of the criminal Law (Codification and Reform) Act [Chapter 9:23 it being alleged that on the 11th June 2022 he stole six cattle belonging to the 1st complainant and three cattle belonging to the 2nd complainant and drove them to his homestead. It is alleged further that the cattle were positively identified by the two complainants. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
On 12TH September 2012 this Court made an order by consent in terms of which Respondent was ordered to pay Applicant back-pay and benefits together with damages in lieu of reinstatement. The figures were to be either agreed by the parties or assessed by this Court. The parties failed to agree on the figures resulting in this application for assessment. Both parties filed papers setting out their calculations and submissions. More
Appellant was in respondent’s employ as a stock controller. For a charge under category SUB-STANDARD PERFORMANCE, Appellant was charged with and found guilty of negligence for which a penalty of dismissal was imposed.
The basis of the charge was that, on the 1st of July, 2019 while on day shift, appellant dispatched a Bindura bound truck with trailer number 6849 loaded with 18 pallets of Chibuku super yet the recorded out load was 17 pallets of Chibuku super. As a stockcontroller, appellant was supposed to physically check andverify the quantities in each and every truck that comes in and goes... More
This is an appeal against the decision of the Regional Magistrate Court. It is against both conviction and sentence. The appellant was convicted, in a contested trial of three counts of rape, in terms of s65 of the Criminal Law and Codification Act Chapter 9:23. He was sentenced to an effective 15 years imprisonment term. More
MABHIKWA J: The applicant in the matter filed an urgent chamber application for stay of execution seeking the following interim relief that:
1. Pending the return date, the 1st and 2nd respondents be ordered to suspend execution of the court order obtained by the respondent under case number HC 1416/20.
2. The 1st respondent pays the costs of this application.
I must state from the onset that the court took note in this case that the application could have been overtaken by events. That is to say;
(a) According to the certificate of urgency, the eviction was scheduled for 24... More
This is an application for a compelling order brought about by the applicant seeking the following relief:
“IT IS ORDERED THAT:
1. Applicant and those claiming possession through him is hereby declared to have peaceful and undisturbed possession of land commonly known as subdivision 10 Merion Farm in Makoni District, Manicaland Province measuring approximately 125.20 hectares.
2. First Respondent and all those acting under her are hereby ordered to abide by the boundaries as established and determined by second and third Respondents, and to vacate, remove and demolish all erected homesteads and other immovable structures from the established legal boundaries... More
This is an application for review against the disciplinary proceedings conducted by the 2nd Respondent on the 13th and the 16th of December 2024. The application is brought in terms of section 92 EE of the Labour Act [Chapter 28:01] More
This is an application for review against the disciplinary proceedings conducted by the 2nd Respondent on the 13th and the 16th of December 2024. The application is brought in terms of section 92 EE of the Labour Act [Chapter 28:01]
THE FACTS More
The applicant approached the court with an application for bail pending appeal. The respondent (State) opposed the application. Both the applicant and respondent filed documents for and against bail respectively. They both further orally addressed the court. The court was inclined to agree with the respondent’s argument that the applicant was not a suitable candidate for bail pending appeal. More
The appeal is noted against the determination of the Managing Director dated 21 November, 2012 which determination resulted in appellant’s conviction on the misconduct charges and the imposition of a dismissal penalty with immediate effect. More
I heard argument in this matter on 14 April 2021 and granted an ex tempore judgment. This full judgment contains reasons for my decision. It was an application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The relief which I granted is as follows:
1. The application for the declarater is granted.
2. The first respondent’s decision to rescind the applicant’s approval by the third respondent and a directive to the second respondent to effect the directive abovementioned be and is hereby set aside.
3. Consequently, the applicant’s approval and appointment to... More
