The present review judgment deals with the issue of whether s114 (2)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] has retrospective effect. The section first appeared in the present format as s 12A of the Stock Theft Act [Cap 9:18] before the Stock Act was repealed by the Criminal Law (Codification and Reform) Act, supra, on 23 June 2006. The repealed statute reintroduced the mandatory minimum penalty of not less than 9 years but not more than 25 years imprisonment for the theft of bovine or equine animals. More
The scrutinising Regional Magistrate has referred these three matters to the Registrar for guidance. Although they were dealt with by two different magistrates, they involve similar facts and circumstances. More
This matter comes before me for review from the magistrate’s court, Chegutu. The accused was charged and convicted on hisown plea of guilty on a charge of contravening s 185(1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] that is, escaping from lawful custody. He was sentenced to two years imprisonment.
The brief facts as outlined in the record of proceedings are that the accused is aged 39 years. He was arrested on allegations of rape and on 22 September 2011 he was taken to the Chegutu magistrate’s court for a court appearance presumably for an initial remand.... More
This record was placed before me with the Regional Magistrate’s comments as follows:-
“The accused was sentenced to pay a fine for US$100-00 or in default of payment 6 months imprisonment
I queried the apparent mismatch between the fine of $100-00 and the alternative term of imprisonment.
The trial magistrate concedes that the length of the alternative period of imprisonment is inordinate
The record is submitted to his/her Lordship for attention”. More
The dispute between the parties first appeared before me as a chamber application for a default judgment. The application was instituted by the first respondent who was then the applicant. The application was against the second respondent and the applicants who were the defendants in the main case.
The default judgment was premised on the second respondent not having entered appearance to defend. The application cites the second defendant and the applicants as respondents though the body of the application specifically states that “application for default judgment is hereby made against the first defendant only”. The second respondent is the... More
On 7 February 2001 the first applicant and the respondent entered into a lease agreement in terms of which the respondent leased to the first applicant certain premises known as the Boka Tobacco Auction Floors.
On 24 December 2010, in HC 9478/10, by the consent of all the parties herein, this court issued an order in terms of which the respondent herein was allowed reasonable access to the leased premises on the following conditions:
“1.1 The access shall be restricted to inspection of the premises and causing necessary repairs thereof.
1.2 The access shall be exercised upon reasonable written notice... More
This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no evidence that has been placed before the court to rebut.
The facts of the case are relatively narrow. The plaintiff Timothy Curtis Jackson is a commercial farmer who at the material time was leasing Ruya Ranch Farm from one Mr Nyamupfukudza for the purposes of commercial production of tobacco and maize amongst other crops. The plaintiff and defendant entered into... More
