The appellant is a public prosecutor who among other duties represents the State in bail matters on the authority of the Prosecutor General. He appeared before the Anti-Corruption Court at Harare Magistrates Court charged with criminal abuse of duty as a Public Officer as defined in s 174 (1) (a) of the Criminal Law Codification & Reform Act [Chapter 9:23].On 8 December 2020 he appeared in the High Court representing the State in a bail application filed by certain suspects namely Mussa Taj Abdul, Tapiwa Rudolf Kamhanga and Godfrey Mupamhanga who were facing a multiplicity of robbery in aggravating circumstances... More
We heard this appeal on 21 October, 2015. We delivered an ex tempore judgment in which we allowed the appeal, set aside the sentence of the court a quo and substituted it with a reduced term of imprisonment a portion of which we suspended for a period of time on condition of future good conduct. More
This is a court application for an order for eviction. The facts are that on 8 May 2017 the Master of the High Court acting in terms of s 120 of the Administration of Estates Act [Chapter 6.01] authorized the first respondent Oliver Masomera (in his capacity as the Executor Dative of the Estate Late Joseph Tawurayi Punungwe DR 2910/16) to sell the immovable property described as Stand No. 208 Malvern Township of Lot 1 of Stand 27 Malvern Township of Waterfall Villa of Waterfall also known as House No. 27A Cassino Avenue, Waterfalls, Harare. More
The appellant and one Taurai Tsikudzawo (also sometimes spelt as Tsikuzawo in the record of proceedings) were charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The allegations against them were that on the 7th of December 2010 and at around 2100hrs, the appellant and his co-accused, while pretending to be customers, entered Zemba Store, a shop belonging to one Alex Jomboro (the deceased) at Kandeya Township, Mt Darwin. The deceased was behind the counter when one of the accused persons jumped over the counter and demanded cash from... More
On the 25th of September 2020, applicant was arrested for a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. On 29 September, 2020 he was placed on remand where upon he was advised to apply for bail at the High Court as he was facing a third schedule offence. This is his application for bail pending trial. More
The applicant was convicted of two counts of stock theft and one count of extortion. He was sentenced to 9 years’ imprisonment in respect of each count of stock theft. In respect of the charge of extortion he was sentenced to 36 months’ imprisonment of which 6 months were suspended for 5 years on condition of good behaviour. A further 6 months were suspended on condition of restituting $200 to Bekithemba Ndlovu on or before 28 February 2019. Appeal against conviction and sentence was noted in December 2018. The applicant now seeks bail pending determination of the appeal. More
The applicant Tapiwa Mangoma is an attested member of the Zimbabwe Republic Police based at Beitbridge Urban Police Station in Beitbridge. He applies for bail in respect of three counts of “Armed” robbery as defined in s 126 of the Criminal Law 9codifuication & Reform) Act [Chapter 9:23]. In terms of s 126 aforesaid there is no offence called “armed robbery.” The offence is defined as robbery, which in terms subs 3 of s 126, if during its commission, the accused or accomplice More
At the hearing of the appeal the appellant withdrew the appeal in respect of conviction and indicated that the appeal was now in respect of the sentence only. Indeed, the appellant’s Damascean moment is well found as the evidence against the appellant is simply overwhelming. Our task in this matter is now to simply assess the appropriate sentence in the circumstances. Put differently the question is whether the court a quo imposed a proper sentence in this matter. More
This ruling relates to a point in limine raised by the plaintiff to the defendant’s plea in bar/abatement.
The brief background of the matter is that the parties are married in terms of the Marriage Act, [Chapter 5:11]. On 18 February 2019 the plaintiff instituted divorce summons under case number HC 1271/19. On 5 March 2019 the defendant entered an appearance to defend and subsequently filed a plea and claim in reconvention on 7 March 2019. On 20 March 2019 the plaintiff filed a replication to defendant’s plea and also filed a plea to the defendant’s claim in reconvention. On... More
This is an application for a declaratory wherein the applicant seeks an order in the following terms:
“IT BE AND IS HEREBY DECLARED ANS ORDERED THAT:
1. The applicant is the holder of 10 Gold Reef claims named Cottage 5, Registration number 44886 situate in Matabeleland North.
2. The applicant is the registered holder of 10 Gold claims named Cottage 6, Registration number 44887 situate in Matabeleland North.
3. The applicant is entitled to all rights and access to the said claims in terms of the Mines & Minerals Act (Chapter 21:05) for as long as it remains the registered... More
The plaintiff’s case as pleaded is as follows. In 2008 he entered into a verbal agreement in terms of which the defendant agreed to deliver to him an immovable property at 4 Wroxham Road, The Grange, Harare. In consideration of that the plaintiff would transfer to the defendant 167 275 Old Mutual Public Limited Company shares and 110 000 shares in a company known as PPC. Transfer of title in the property would be registered in favour of the plaintiff upon delivery of the Old Mutual shares. The PPC shares would be transferred to the defendant after the transfer of... More
This application for review of a magistrate’s maintenance variation decision on the grounds of bias, was placed before me on the unopposed roll for family matters. Suffice it to state that the failure to respond to the application for review by the judicial officer, who was cited as the second respondent herein, was of no consequence. In the case of Chiremba v Chiroodza and Another 2018(1) ZLR 315 (H), it was stated that a judicial officer cannot be compelled to defend his decision in an application for review. If, as held therein, he or she has not filed any affidavit... More
This is an application for condonation of late filing of a notice of response by the Applicants to an appeal filed by the Respondent.
Respondent filed an appeal on the 11th February, 2015 against an arbitral award pitting itself and the Applicants. The appeal was served on the Applicants on the 5th March, 2015. In terms of Rule 15 sub-rule (2) of this Court’s Rules Statutory Instrument 59 of 2006 Applicants were obliged to file their response within 14 days of date of service. More
This matter was referred to me for determination on the record in terms of Section 89 (2) (a) (i) of the Labour Act [Cap 28 : 01]. It is one of the matters that have otherwise been lying idle due to failure on the part of the Appellant to pay sheriff’s costs for services of Notice of Set-Down. More
This is an appeal from the Regional Magistrate’s court. It is against both conviction and sentence. The appellant was charged with 2 counts of rape as defined in 65(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) (“the Code”). He was also charged with 1 count of attempted rape as defined in s 189, as read with s 65 of the Code. He pleaded not guilty. But after a full trial, the Regional Court convicted him on all counts. Treating all the counts as one for the purposes of sentence, the appellant was sentenced to 10 years imprisonment,... More
