The applicant approached this court seeking to be admitted to bail pending trial. The state opposed the application. The background of the matter is that the applicant is facing allegations of Rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act. Firstly in that between 1 and 6 March 2020 near Ndyarima Primary School, Buhera the accused unlawfully and knowingly had sexual intercourse with Mary Nance Madzirerutsa a female juvenile aged 10 years, who at law is incapable of consenting to sexual intercourse. Secondly in that on 7 March 2020, and at Ndyarima Primary School... More
This is an appeal against sentence only against the decision of a Magistrate sitting at Beitbridge on 21st July 2017. The appellant was convicted on his own plea of guilty for contravening section 40 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). On the 19th of July 2017 Detectives from the Zimbabwe Republic Police received information that the applicant was in possession of fake ZIMRA stamps. Upon arrival at the appellant’s house, a search was conducted, leading to the recovery of two ZIMRA Bill of Entry stamps, two ZIMRA Export release stamps, one ZIMRA Private Imports stamp,... More
The appellant was tried and found guilty of contravening s 189 (1) (a) as read with s 65 (1) (a) of the Criminal Law (Codification and Reform Act) [Chapter 9:23] attempted rape. He was sentenced to 36 months imprisonment of which 6 months imprisonment were suspended on conditions of good behaviour. More
The applicant approached this court on an urgent chamber application seeking an order that:
INTERIM RELIEF
That pending the final determination of the Applicant’s Court Application for condonation for late noting of notice for review and subsequent Application for Review-
1. The 2nd respondent be and is hereby ordered to stay disbursement of sale proceeds out of the sale of house number 8094 9th Circle, Glen View, Area 8 immediately upon service of this order.
2. The 4th respondent be and is hereby ordered to stop forthwith any occupation process of the house. More
This is an appeal against the determination by the Negotiating Committee finding the Appellant guilty of ‘Sabotage’ in terms of the National Employment Council for the Commercial Sector Code of Conduct (hereafter referred to as “the Code”). More
This is an application for reinstatement of bail pending appeal. This application is not opposed. The applicant and a co-accused were arraigned before the Magistrates’ Court sitting in Gwanda. They were charged with the crime of contravening section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 15th February 2014, and at Insindi Farm, Gwanda applicant and his co-accused unlawfully stole six cattle, the property of the complainant. Applicant pleaded not guilty to the charge. After a protracted trial applicant was convicted and sentenced to eighteen years imprisonment. More
The applicants appeared before a Magistrate contravening s82 of the Parks and Wildlife General Regulations Statutory instrument 362/90 as read with s128 (B) of the Parks and Wildlife Act, possession of raw ivory.
In their application, the applicants indicated that they have fixed places of abode. They are not likely to abscond since they did not commit the offence. They also averred that there is no likelihood that they will interfere with witnesses. The State witnesses are members of the International Anti-Poaching Foundation and police officer. There is no way they can influence them. More
On 8 July 2016 this Court through an ex tempore judgment filed of recordgranted the ruling and order made by the applicant in a case pitting Joseph Chatara and King Fisher Auto Motors t/a Grand Auto Body Shop. More
The parties in this matter, are a fairly young couple who have decided to end their marriage which was solemnized in terms of the Marriage Act [Chapter 5:11] in August 2006. More
This is a court application for review. What is being sought to be set aside according to the founding affidavit and draft order, is the alleged revocation by the Master of the High Court of letters of administration which the applicants allege were issued to the first applicant in respect of the Estate of the late Abel Masawi. Applicants also seek the setting aside of the sale by the Executor of the immovable property of the estate of the Late Abel Masawi by the second respondent, the Executor. The first relief is being sought on the grounds that the alleged... More
This is a claim for damages for unlawful arrest and malicious prosecution. Plaintiff is a 26 year old fashion model who had a thriving modelling career and had a part-time business as a Master of Ceremonies. She was also employed on a part-time basis as a show presenter on national television. This is the status in society which plaintiff enjoyed by her own hard work until the first defendant, one Tracy Shile caused her arrest and instigated her prosecution for allegedly infectingfirst defendant’s minor child, aged two years, with HIV. Firstdefendant also reported that plaintiff had also physically assaulted her... More
The plaintiff issued summons against the defendant claiming $2 000 000, interest and costs for defamation damages arising out of the publication of three articles by defendant’s stable of newspapers which she alleged damaged her reputation and dignity. She subsequently amended her summons to reduce the quantum of damages claimed to $100 000. More
The facts of this case can be summarised as follows:
The two appellants were arraigned before the provincial court sitting at Mutare on 27 July 2008. The two were being charged with contravening s 170 of the Criminal Law (Codification and Reform) Act [Cap 9:23], in that they offered some police officers a bribe in the sum of $1200 000-00 (One million and two hundred thousand dollars) as an inducement to the police officers to enable the appellants to enter the restricted Chiadzwa diamond fields for purposes of illegal diamond mining. More
The matter was placed before me as an application for quantification of damages for constructive dismissal and payment of gratuity. The application was filed pursuant to an order issued by this court under reference LC/H/984/16. Through that judgment my colleague, Honourable Justice L.M. Murasi granted an application brought by the current applicant for the court to allow the appeal filed under LC/H/434/16 on the basis of respondent failure to file Heads of Argument. It is important to note that in the appeal under LC/H/434/16 was appealing against the arbitral award on the basis of the finding by Arbitrator that he... More
On the set down of this application for confirmation of a ruling in the matter between ItaiNyanhongo and Telone the employer defaulted court despite service. The default notwithstanding the court invited the labour officer’s representative and the employee representative to address it on whether the matter was not in breach of Isoquant vs Darikwa N.O CCZ 6/20. On account of the fact that the labour officer commenced conciliation proceedings and issued a certificate of no settlement and presided over the samematter to conclude on submissions made before him the impression created was that he had faulted Isoquant (Supra). The labour... More
