In this matter the marriage between the plaintiff and first defendant was dissolved by a decree of this court on 26 November 2019 in an initial action where the parties were only the plaintiff, first and second defendant. The second defendant had been cited because of allegations of adultery between her and the first defendant. It appears that the issue of adultery damages was resolved out of court through a deed of settlement of 26 November 2019 with second defendant paying ZWL $20 000.00 and the second defendant ceased to be directly involved in the proceedings hence her nonappearance in... More
This is an appeal against part of the judgment of the Labour Court (the court a quo) handed down on 26 January 2018. The appeal is against that part of thejudgmentwhichupheldthe arbitrator’s award granting the respondent’s members an11 percent wageincrease. More
This is an appeal against the decision of the DA who handled the dispute of non payment of terminal benefits to the respondent employees. The background to the matter is that the employees were awarded an 11% wage increment which the employer unsuccessfully challenged all the way to the Supreme Court. Post the Supreme court judgement the employees again approached the DA 0alleging non payment of their terminal benefits. This did not go down well with the applicant. In its view such an approach was tantamount to asking the DA to enforce a Supreme Court order and to issue a... More
In Case No. HC 4174/10, the applicant in this matter filed for the review and setting aside of an arbitral award rendered in arbitration proceedings between the parties. The award was made on 26 May 2010 and the application for review was filed on 21 June 2010. There were delays in confirming and preparing the record of those proceedings for various reasons. The applicant now seeks condonation for the late filing of the arbitral record to enable the review proceedings to continue. More
1.In Count 1, the offender was charged with and convicted of driving a public service vehicle, a Toyota Hiace without being the holder of a valid driver’s licence, in contravention of section 6(1)(a) of the Road Traffic Act (RTA). While operating the vehicle, he failed to maintain a proper lookout and reversed into a shop door. As a result, he was charged with Count 2: driving without due care and attention, in contravention of section 51(1) of the RTA. More
Chesa for the State
MUREMBA J: The issue of granting bail to persons accused of robbery, particularly in cases of robbery involving the use of firearms, is a contentious and polarizing matter in this country. Robbery, committed in aggravating circumstances, is a heinous and violent crime. A significant increase in such robberies has, unfortunately been reported across the country. It is a crime that poses a grave threat to societal safety, fuelling widespread public calls for tougher measures, such as harsher penalties and denial of bail for those accused of it. Many people express outrage and frustration when bail is... More
An integral part of the adjudication process is the exercise of discretion. It is done judiciously. Whim, caprice, impulse, irrationality, excitability, emotion, and all the other negative urges or passions of that nature have no role. There are many instances when the court is called upon to exercise its discretion. But it is mostly in sentencing, in criminal matters, that that function is so pronounced. Ordinarily the doctrine of stare decisisensures that like cases are treated alike. In appropriate situations, a precedent set in one case should be followed in all other subsequent cases of a similar nature. But this... More
The two accused are charged with Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where it is alleged by the State that on 4 November 2018 and at Magamba Turn-off, Rusape, the two accused in the company of one Lucky, who is still at large, all and each or one or the other of them, unlawfully caused the death of Emmanuel Ngwarati by assaulting him with booted feet and fists and stabbing him with a knife all over the body intending to kill Emmanuel Ngwarati or realising that... More
The two accused are facing Murder as defined in s 47 (1) (a) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleges that on 25 December 2007 and at Mharadzano Night Club, Marenga, Buhera, the two accused together with Moses Mpofu and Motion Chenzira, all and each or one or more of them unlawfully caused the death of Samuel Chinyama by striking him on the head with a half brick, stabbing him on the chest and assaulting him with fists and booted feet all over his body thereby causing him injuries from which the said... More
1. The accused faces a charge of murder as defined in s 47(1) of the Criminal Law Code, alleged to have been committed against Christopher Samu, a 37-year-old man, on 3 August 2019 at Nherera Mine in Shamva. More
On 26 April 2017 the appellant, after a full trial, was convicted in the magistrate’s court of defeating or obstructing the course of justice in contravention of s 184(1)(e) of the Criminal Law (Codification and Reform) Act, Cap 9:23 (“the Code”). That provision reads: More
The accused person, a male adult aged 33 years old, was arraigned before this court facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). It was alleged that he murdered one Moreblessing Ali between 24 May 2022 and 11 June 2022 at a place between Chibhanguza Nightclub, Nyatsime and Plot 321 Dunmoter farm in Beatrice. More
: The convicted person pleaded guilty to assaulting a police officer in contravention of s 176 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (Assaulting a Peace officer). He was convicted and sentenced to $200-00 in default of payment 90 days imprisonment. More
Ronald Kanyowa was charged with the crime of murder in contravention of s 47 (1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9;23] herein-after called the Code. He fought and killed his cousin Nigel Mashingaidze. He stabbed him in the stomach and chest with a ceremonial dagger. He pleaded not guilty to the charge and raised the defences, of, provocation and defence of person as provided in sections 239 and 253 of the Code. More
The convicted person initially pleaded guilty to a charge of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The facts on which he was being charged were read to him. The magistrate asked him if he understood them and he in response said he did. The magistrate further asked him if he had anything to add or subtract. In response the convicted person told the court that the complainant had employed him as an ice-cream vendor and given him ice cream pads for sale and a push-cart. He fell ill and took... More
