1. On 16 January 2016 the appellant and one NomoreHakutangwi pleaded guilty to and were convicted of twenty-four counts of theft and thirteen counts of unlawful entry into premises as defined in ss 113 and 131 of the Criminal Law Code respectively.
2. The offences were committed on many given dates between 30 June 2013 and 23 September 2015.
3. The court a quo divided the offences into three groups for the purposes of sentence. It treated the offences in each group as one for the purposes of sentence.
4. Offences committed around the same period were grouped together.
5.... More
MAKONESE J: This matter was placed before me as an Urgent Chamber Application. The application was filed on the 3rd of March 2021.
On the 5th of March 2021 the parties appeared before me in chambers. The matter was argued briefly. It was resolved that it was prudent for the 2nd respondent (Provincial Mining Director Midlands) to investigate the circumstances surrounding the mining dispute and thereafter file a comprehensive report on the matter to guide the court in coming up with a correct decision on the matter. More
This application for contempt of court was made, in terms of r 79 of the High Court Rules, 2021. The respondent is Zimbabwe Revenue Authority (ZIMRA) and Commissioner General of the Zimbabwe Revenue Authority (N.O.). On 5 July 2021, in an appeal under HC (CA) 354/19 (judgment HH 347-21), MUZOFA J in favour of the applicants was granted as follows:
“Accordingly, the appeal is hereby upheld:
The sentence imposed by the court a quo is set aside and substituted as follows:
1. $2000 in default of payment, 10 months’ imprisonment. The 228 boxes of cigarettes are forfeited to the State.... More
On 12th September 2018 the plaintiff issued summons against the defendants in which he claimed the following:-
“(a) An order that the will declared deemed (sic) to have been attested to by the late Anna Musakanda on 31 December 2013 be and is hereby declared null and void on the basis that it was not her intention that her property be distributed as they have been indicated (sic) in that will after her death.
b) An order that the plaintiff be declared the rightful beneficiary of a piece of land known as Lancashire 434 in the district of Charter held... More
This is an appeal against an arbitral award which found in favour of the respondent.
Appellant was employed by the respondent as a gardener since 2003 and was staying at respondent’s premises until November 2012. It was agreed that appellant had last been paid a salary some time in 2005. What was disputed was whether the employment relationship had ceased in 2005. (as alleged by respondent) or in 2012 (as alleged by appellant). The arbitrator found that the employer – employee relationship had ceased in 2005 and that any issue of unlawful dismissal and unpaid wages had consequently fallen away... More
This is an appeal against both conviction and sentence imposed upon the appellant by the Magistrates Court following a charge of aggravated indecent assault as defined in s 66 (1) (a) of the Criminal Law (Codification and Reform )Act [Chapter 9:23]. Appellant denied the charge in the court a quo. More
This is an application for condonation for late filing of review against the respondent’s decision to decline the applicant Manpower Development Leave and his subsequent dismissal from work.
The brief background of this matter is that on 1 January 2013 the applicant proceeded on unauthorised Manpower Development Leave: Prior to that applicant had applied for the MDL on 30 November 2012. The C.E.O. recommended the leave on 8 January 2013. However the Health Service Board turned down the application on 29 May 2013. More
After hearing argument in this matter we upheld the appeal and gave an ex tempore judgment. We have been asked to give our reasons. Here they are.
The appellant appeared at Harare, regional magistrate’s court facing 10 counts to which he pleaded not guilty. More
This is an application for a declaratur. Such an application is provided for under s 14 of the High Court Act, [Chapter 7:06]. The background facts giving rise to the application are not in dispute. They can be summarized as hereunder.
The applicant was on 23 August 2019 and by issue of the Letters of Administration appointed the Executor Dative of the deceased estate of the late Mapfumo Kunaka who died at Harare on 3 November 2001. The estate file reference issued by the first respondent is DR 1467/16. The applicant was however removed as executor dative of the said... More
It is not apparent from the papers how the parties are related, how they came to jointly own an immovable property and indeed how and why they came on a collision course resulting in a series of litigation but in this application the applicant seeks to enforce a court order granted by consent. The applicant seeks an order compelling the respondent to transfer her half share in the property known as stand 24 Philadelphia Township of Philadelphia, Harare (the property) which is jointly held by the parties by deed of transfer number 4986/02. In the event of the respondent’s failure... More
This is an application for review of respondent’s decision. Respondent raised preliminary points in the notice of response, which were later abandoned.
Following allegations of misconduct the appellant was charged in terms of the respondent’s code of conduct “the code”. The appellant was a managerial employee. He was found liable and dismissed from employment with effect from 18 December 2013. An internal appeal was unsuccessful. The applicant approached this court to review the decision by the respondent. More
This is an appeal against the decision of the Legal Practitioners’ Disciplinary Tribunal handed down on 6 March 2019, ordering that the appellant’s name be deleted from the register of Legal Practitioners, Notaries’ Public and Conveyancers. On the day following the hearing in this matter, the court issued an order dismissing the appeal with costs, and indicated that the reasons for the order would follow in due course More
1. This is an appeal against both conviction and sentence.
2. The appellant was convicted of two counts of rape as defined in s 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
This is an appeal against sentence only imposed upon the appellant following a conviction on a charge of two counts of assault as defined in s 89 of the code. The appeal against conviction which had been noted was abandoned at the hearing. Appellant was sentenced to 18 months imprisonment of which 6 months imprisonment was suspended on condition of good behaviour. The State conceded that the effective sentence of 12 months imprisonment following suspension of 6 months on condition of good behavior was too harsh and induces a sense of shock. More
