1. This is an appeal against sentence only.
2. The appellant was convicted of rape as defined in S 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to twenty years imprisonment of which three years imprisonment was suspended for 5 years on the usual conditions of good behaviour, to leave an effective custodial term of seventeen years imprisonment.
3. The trial court rejected the appellant’s defence that the act of sexual intercourse was consensual. Aggrieved with the conviction and sentence the appellant sought leave to appeal the conviction and sentence out of time and... More
This is an application for bail pending appeal. The applicant was convicted by the Regional Magistrate at Harare of the offence of rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:33]. The allegations against the applicant which he denied were briefly that the applicant and the complainant (aged 17 years old) were neighbours residing at Zimbabwe National Army 2 Brigade Flats in Cranborne. The applicant during the night of 27 February, 2017 knocked on the door to the complainant’s residence but on seeing him, she shut the door. More
This is an appeal against conviction on six counts of unlawful entry into premises as defined in s 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The appellant was sentenced to 5 years imprisonment on each count. Of the total 30 years imprisonment 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour. A further 8 years imprisonment was suspended on condition of restitution. The appellant’s motor vehicle was forfeited to the state. More
MABHIKWA J: For good reason, I will endeavor to outline the brief history of this matter, it is as follows;
On 9 January 2017 at around 0730 hours and at the intersection of Fife Street and Leopold Takawira Avenue in Bulawayo, one Sitshengisiwe Guveya was driving a Mazda Bongo, registration number 4646. She was arrested by the police. More
Appellant appealed to this Court against an arbitration award made in favour of respondent. The award dismissed appellant’s claim of unfair dismissal by respondent. The basis of the award was that respondent, having alienated its business to a third party, appellant had used the wrong party. Appellant’s case was that there was no transfer of an undertaking. More
: For wanting to be declared the lawful holder of rights, title and interests in the property known as stand number 6387 Retreat Waterfalls Harare, and for first respondent to vacate the said stand to give applicant vacant possession, applicant approached this court in terms of section 14 of the High Court Act [Chapter 7:06] (THE ACT) applying for a declaratur. More
The applicants are facing charges of armed robbery as defined in section 126 of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on 11 December 2018 the applicants acting in connivance with eight other persons who are still at large acquired two vehicles which included a Toyota Hilux truck and a Toyota Fan Cargo, registration number ADL 1349 which was being driven by the 5th applicant. The applicants armed themselves with 3 rifles and pistols. The applicants proceeded to Mimosa turn off, along the Zvishavane – Bulawayo highway. The applicants arrived at Camlark Investments where... More
MAWADZE J: In this appeal the appellants have literally thrown the proverbial kitchen sink at the court as it were. All manner of issues have been raised.
The appeal is against both the conviction and the sentence. Both appellants were convicted on their pleas of guilty at Masvingo Magistrates Court on 6 March, 2021 for contravening section 368(2) of the Mines and Minerals, Act [Cap 21:05]. In the street parlance this offence is sometimes referred to as “gold panning”.
Each appellant was sentenced to 2 years imprisonment after a finding was made that there were no special circumstances in the... More
[1] The plaintiff, an individual, sues the defendant, a micro finance company, for payment of US$75 000-00. At trial the plaintiff’s claim reduced to US$63 830-00. The claim is based on two acknowledgements of debt by the defendant in favour of the plaintiff for US$11 500-00 and US$63 500-00 signed on separate occasions. In addition, the plaintiff relies on a certain extract of a resolution by the defendant. In essence this resolution proposed two alternative modes of repayment of the plaintiff’s amounts. More
The four appellants appeared before the court of the magistrate sitting at Chitungwiza facing a charge of contravening s 7 (1) (a) or (b) of the Communal Lands Act [Chapter 20:04] i.e occupying or using communal land without lawful authority. They were unrepresented. More
At the end of hearing argument for both parties the Court dismissed this application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
On 10 May 2014 plaintiff and defendant were married in terms of the then Marriage Act [Chapter 5:11], now the Marriages Act [Chapter 5:17]. The marriage was blessed with three minor children, Jayden Chikwature, born on 22 May 2012, Joshua Liam Chikwature, born on 12 January 2017 and Jordan Seth Chikwature, born on 8 November 2019. On 11 January 2022 plaintiff issued out summons claiming a decree of divorce and ancillary relief. In his Declaration, plaintiff stated that the marriage relationship between the parties has irretrievably broken down to the extent that there is no reasonable prospect for the restoration... More
The applicant was arrested for rape on 5 October 2016. He was remanded into custody. He applied for bail pending trial. I reserved judgment. This now is my judgment. More
This is an application for bail pending trial. After the matter was argued I handed down an ex tempore judgment and dismissed the application.
The parties have not requested for written reasons but I decided to avail them nonetheless.
The applicant is 20 years old. He was staying with his father at the relevant time. The deceased was also residing at the same residence as a ‘caretaker’, looking after her cousin’s house. The applicant’s father was a gardener at that house.
On 11th June 2020 the applicant was arrested in Harare on allegations that he had murdered the deceased. It... More
The dispute before me stems from a misunderstanding between the applicant and the first respondent over an agreement signed on 22 May 2018 between the applicant and the government of Zimbabwe represented by the first respondent. The “Memorandum of Agreement” (“the MOA”), which is the subject of this litigation appears on pages 112-127 of the record marked Annexure “F”. The agreement sets out the terms and conditions governing the funding of a bankable feasibility study for the Kondo and Chitowe dams Multi-Purpose Project. In brief, the Kondo and Chitowe dams Multi-Purpose Project is a major water infrastructure initiative on the... More
