: The accused was charged with, murder in contravention of s 47 of the Criminal Law (Codification and Reform) Act [Cap 9; 23]. She pleaded not guilty. More
The trial magistrate who dealt with all the above matters was discharged from the service before, in some cases, responding to the queries raised by the scrutinising Regional Magistrate. The records pertaining to these cases were retrieved from the trial magistrate’s office drawer in a plastic bag. The scrutinising Regional Magistrate has forwarded the records in question for remedial action on review. More
The two matters landed on my desk for review, having been forwarded from the office of the Regional Magistrate in Mutare. Both were dealt with by the same trial magistrate, who is a provincial magistrate stationed at Chipinge. More
The accused stands charged with contravening section 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The correct citation should be s 47 (1) (a) or (b). The offence arose in Mashambanhaka village in Uzumba Maramba Pfungwe. More
At the commencement of trial on 10 March 2010, two accused persons were charged with the murder of the 51 year old Joseph Chikova who was brutally killed in the course of a robbery on 10 July 2007 at 26 Davey Road Fern Valley Mutare. Both accused persons pleaded not guilty. A trial within a trial was held to determine the admissibility of certain statements that were attributable to the first accused person. The result of that exercise was a finding that there was a reasonable possibility that his statement was not made freely and voluntarily. It was not admitted... More
This is an application for summary judgment.
On 6 October 2009, the plaintiff issued summons against the defendants claiming the sum of US$4 568-85 in respect of certain goods allegedly sold and delivered at first defendant’s special instance. In its declaration, the plaintiff alleged that during the period 22 April to 20 May 2009, the plaintiff supplied stationery to the first defendant valued at $9 932-85. On 20 May 2009, the second defendant bound himself as co- principal debtor and surety for the debt due by the first defendant, which at the date of the suretyship, stood at $8 700-00.... More
Order 10 r 64 of the High Court Rules, 1971 (r 64) provides as follows:
“(1) Where the defendant has entered appearance to a summons, the plaintiff may ‘at any time before a pre-trial conference is held’ make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs”
This application for summary judgment is premised on the above rule and the applicant prays for the following order:-
“Summary judgment with costs be and is hereby granted in favour of the applicant against the respondent in the... More