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
On the 26th November 2024 Applicants applied to this Court for condonation of a belated appeal. The application was made in terms of the Labour Court Rules, 2017. Respondent opposed the application. 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 is a chamber application for condonation for late noting of appeal and leave to prosecute the appeal in person:
Applicant, represented by counsel, Mr Bvuma, was convicted of malicious damage to property, unlawful entry in aggravating circumstances and theft. For first count he was sentenced to 24 months imprisonment, 6 months of which were suspended for 5 years on conditions set. 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
This is an application for declaratory relief wherein applicant is seeking that:
1. Section 156(1)(a)(b)(c) and (e) as read with section 155 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (THE CODE);
2. Section 157(1) (a) and (b) of the CODE and
3. Section 3 as read with section 6 of the Dangerous Drugs Act [Chapter 15:02] (THE DDA) and section 4(a) and 6(1) of the Dangerous Drugs Regulations 1975 (Rhodesia Government Notice No. 1111 of 1975) as amended by Statutory Instrument 409 of 1999 Regulations No. 4 (THE REGULATIONS). More
Plaintiff claimed $47 700.00 together with interest at the prescribed rate from 7 April 2015 to date of payment plus costs of suit on a higher scale from the defendant from an alleged unlawful use of its trading name and goodwill. Plaintiff also alleged that defendant fraudulently used its certificate of registration. More
