In September, 2010 the plaintiff issued summons against the two defendants claiming damages in the sum of US$281 500-00 plus costs of suit. In the declaration, it is averred that: “The first defendant, acting in connivance with the second defendant, wrongfully and intentionally destroyed the plaintiff’s shop on false grounds that it was an illegal structure.” More
The applicant sought intervention as a negotiorium gestio in HC 8581/11, an action in which the respondent sued Patience Nyangove as the first defendant and Standard Newspaper as the second defendant. More
The background facts which are common cause are as follows;
The Appellant was employed by the Respondent as its Distribution Supervisor. He was given leave of absence to attend a training session from the 18th to the 21st of January, 2011. On the 21st of January of 2011 the training ended earlier around 1100hours. After training the Appellant went to his department and advised his subordinates to plan for the weekend programme. During his absence his subordinates stole 608 cases of Mazoe Orange Crush valued at US$9 093, 89. The Appellant was suspended from employment. More
: The convicted person pleaded guilty to assaulting a police officer in contravention of s 176 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (Assaulting a Peace officer). He was convicted and sentenced to $200-00 in default of payment 90 days imprisonment. More
The convicted person initially pleaded guilty to a charge of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The facts on which he was being charged were read to him. The magistrate asked him if he understood them and he in response said he did. The magistrate further asked him if he had anything to add or subtract. In response the convicted person told the court that the complainant had employed him as an ice-cream vendor and given him ice cream pads for sale and a push-cart. He fell ill and took... More
The convicted person pleaded not guilty but was convicted on a charge of theft as defined in s 113 (1) (a) of The Criminal Law (Codification and Reform) Act [Cap 9:23]. He was jointly charged with two others who were acquitted at the end of the trial. The record of proceedings was forwarded to a Regional Magistrate for scrutiny. It was placed before the Senior Regional Magistrate Harare, who raised issues of record keeping and compliance with the provisions of s 198 (6) and 199 (1) of the Criminal Procedure and Evidence Act [Cap 9:07] (The CP&E Act) with the... More
The impunity of a cabal of 13 political zealots, the complicity of law enforcement agents, the lamentable misuse of the prosecutorial authority bestowed on public prosecutors and the disinterest of the trial court all rolled together is the epitome of all that should not happen in our criminal justice delivery system. This matter is a living example of an injustice allowed to take root because of a serious dereliction of duty by those tasked with the protection of law abiding citizens of this country and the punishment of offenders without fear or favour. More
