This judgment is in respect of three matters which were consolidated for the purpose of the hearing. These are HC 1442/10, HC2480/10 and HC 6520/10. By agreement reached at the pre-trial conference, the citation embraced herein is what is to apply in respect of the three matters. At the pre-trial conference the parties agreed, among other things, that none of them has the right to represent the seventh defendant in these proceedings. This is so because what is at the centre of the dispute is the shareholding in that company which shareholding was the subject of a sale agreement between... More
The appellant was convicted by a regional magistrate on four counts of rape. He pleaded not guilty but was convicted on all four counts after a full trial. He was sentenced to 12 years imprisonment of which 4 years were suspended on conditions of good behaviour. The four counts were treated as one for purposes of sentence. More
This is an application for bail pending trial. At the hearing of the application I dismissed it ex tempore. The applicant has requested for full reasons. Here are they. More
This is an application for rescission of default judgment brought in terms of Order 9, rule 63, and sub rule 1 of the Rules of the High Court of Zimbabwe 1971. The applicants also seek an order that they be allowed to file their plea within ten days of the date of the order, and that each party bears its own costs. More
This is an application referred to this Court in terms of s 24 (2) of the old Constitution. The applicant seeks an order for a permanent stay of his prosecution on the basis that his rights in terms of s 18 (1) and (2) of the old Constitution have been violated owing to the delay in finalising his trial. More
The appellant was convicted of assault as defined in s 89 of the Criminal Law (Codification & Reform) Act, [Cap 9:23] and sentenced to six months imprisonment of which three months were suspended for 2 years on condition of good behavior. He noted an appeal against both conviction and sentence. The Attorney-General has indicated that he does not support the conviction and filed a notice in terms of s 35 of the High Court Act [Cap 7: 06]. We considered the concession proper for the reasons that follow. More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo, facing 2 counts of rape in contravention of Section 65 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23) on the 27th February 2018. It was alleged by the state that on unspecified dates, but on two separate occasions during the month of May 2017, the appellant allegedly raped the complainant a 13 year old juvenile at knife point. Appellant pleaded guilty to the charge. After a full trial appellant was convicted on both counts and sentenced to an effective prison term of 7 years. Appellant filed and... More
The appellant was convicted after a trial on two charges of theft and escaping from lawful custody in contravention of s113 (1) and s185 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count he was sentenced to 6 months imprisonment of which 3 months imprisonment was conditionally suspended on condition of good behaviour the remaining 3 months imprisonment was suspended on condition of restitution. In respect of the second count, he was sentenced to pay a fine of ZWL$ 30 000 in default of payment 30 days imprisonment. More
DUBE-BANDA J:This is an application for condonation for late filing of notice of appeal against both conviction and sentence, and for leave to prosecute the appeal in person. The brief facts are these: the applicant was charged with the crime of kidnapping as defined in section 93(1) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 25 June 2020, along Cecil Avenue, Selbourne Park, Bulawayo, applicant forced complainant, a twelve year old into his motor vehicle. While inside the vehicle applicant tied complainant’s hands together with shoe laces. He drove his vehicle... More
This is an appeal against a determination by a designated agent. At the commencement of the hearing two preliminary points were take on behalf of the respondent. These were that (i) the designated agent who made the decision was not cited as a party to these proceedings and (ii) it was not clear as to what was before the court as there appeared to be two notices of appeal and both signed by the appellant on the 28th of October 2022.The appellant quickly responded that he would be bound by the notice of appeal which appears first on the record... More
When the parties initially squared off the dispute was whether or not to grant an application for the cancellation of the agreement of the sale of a motor vehicle entered into by the parties(and other related relief sought by the applicant). However, the matter soon assumed a different complexion in the wake of the about turn made by the respondent company which,after initially resisting the applicant’s prayer for the said cancellation, subsequently acceded to the same. The dispute then narrowed down to the question of the determination of the refund of that part of the purchase price which the respondent... More
The appellant was arraigned before the magistrate at Kadoma on a charge of assault as defined in s 89(1)(a) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He was convicted on his own plea of guilty and was sentenced to 4 years imprisonment of which 1 year was suspended on the usual and appropriate condition of future good conduct. The appellant now appeals against both conviction and sentence. More
The Respondent was employed by the Appellant as a pie-maker in the Bakery Section. He was employed on the basis of 3 months fixed term contracts that were renewed continuously. The last such fixed term contract was due to expire on the 31st of July, 2012. The Respondent fell ill on the 17th of July, 2012. He approached the company doctor and was granted sick-leave. The sick-leave was supposed to expire on the 31st of July, 2012. According to the Appellant submissions the Respondent failed to resume his duties on the 31st of July, 2012. He only returned to work... More
The applicant seeks summary judgment for the eviction of the respondent and all those claiming through him from house number 1294 Mutufu Circle, Chiwaridzo Township, Bindura (“the house”) and costs of suit. More
On 29 March, 2011 I dismissed unconditionally an application for summary judgment by the applicant.
On 4 May, 2011 I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made pursuant to s 43(2)(d) of the High Court Act, [Cap 7:06]. More
