The criminal hallmark that accused is presumed innocent till proven guilty is buttressed in the wording of s 117 of the Criminal Procedure and Evidence Act [Cap 9:07]. The notion is that courts should always grant bail pending trial where possible and should lean in favour of the liberty of the accused provided the interest of justice will not be prejudiced. The court is thus required to expeditiously fulfil its function of safe guarding the liberty of the individual while at the same time protecting the interests of justice. The central question in applications for bail pending trial is whether... More
This is an application for rescission of a default order granted by this court on 29 March 2010. The order reads as follows:
“IT IS ORDERED THAT:
The judgment with costs be, and is hereby entered for plaintiff in the sum of US$17 116.00 with interest thereon at the prescribed rate from 20 July 2009 to date of payment.” More
The plaintiff is a female adult and mother to a minor child, namely, Tanaka Thokozani Dhliwayo, who she claimed was fathered by the late Joseph Hlupani Dhliwayo.
The first defendant was a sister to the late Joseph Hlupani Dhliwayo who died on the17 June 2002 at Harare. Upon his death the first defendant was appointed executrix dative of his estate. She was given letters of administration on 17 July 2002.
In pursuance of her duties as executrix dative, the first defendant lodged the first and final distribution account in the estate late Joseph Hlupani Dhliwayo with the Master’s office on... More
The accused was convicted after contest of raping his friend’s 13 year old sister on 18 October 2008. He was allegedly caught red handed having sexual intercourse with her by the child’s stepfather.
The complainant had allegedly had previous sexual encounters with the accused on numerous occasions without making any report to anyone. This alleged offence only came to light because she was found in a compromising position with the accused by her stepfather in the house. More
The applicant filed an urgent chamber application and sought the following relief:
“TERMS OF FINAL ORDER SOUGHT
1. That the reallocation of stand number 32, Muguta Shopping Centre, Epworth to the second, third, fourth respondent or any other person be and is hereby reversed.
2. That the first respondent is ordered to expedite the process of approving the applicant’s building plans.
3. Alternatively that first respondent allocates the applicant another commercial stand of the same size.
4. That first applicant to pay costs of this application on the legal practitioner –client scale. 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
: The accused was charged with the murder of his own son in contravention of s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty.
It is common cause that on 12 June 2007 the accused left his parents’ home in Chivakanenyama village Karoi. He left in the company of his two sons Ronald and Tawanda. He had told his mother Eneresi Siamkonde that he was taking his sons to the Registrar General’s office in Karoi to obtain birth certificates for them. He ended up boarding a lift to Ceresi farm. His son... More
