The parties in this matter appeared before me in divorce proceedings.
The brief historical facts are that the parties married each other in terms of the Marriage Act, Chapter 5:11 at Tsholotsho on 17 December 2013. The union produced six (6) children, 2 of whom were still minors at the time divorce proceedings were instituted in August 2017. The marriage relationship became acrimonious with no hope of restoration of a normalcy in it.
I must mention that at the parties’ pre-trial conference before my brother MATHONSI J on 12 February 2018, great progress was made in curtailing the issues in... More
This was an application for summary judgment. The defence was bogus. I granted the application soon after argument and gave reasons ex tempore. The respondents say they want to appeal. They have asked for a written judgment. This is it. More
On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either agreed by theparties or quantified by her. The employer then appealed to this Court against the award.
The 1st ground of appeal charged that the Arbitrator made a determination “against a non-legal persona as cited despite a preliminary point having been raised and not disposed on the record by the Tribunal” More
An integral part of the adjudication process is the exercise of discretion. It is done judiciously. Whim, caprice, impulse, irrationality, excitability, emotion, and all the other negative urges or passions of that nature have no role. There are many instances when the court is called upon to exercise its discretion. But it is mostly in sentencing, in criminal matters, that that function is so pronounced. Ordinarily the doctrine of stare decisisensures that like cases are treated alike. In appropriate situations, a precedent set in one case should be followed in all other subsequent cases of a similar nature. But this... More
On 10 September 2019 the accused appeared before us facing the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 8 March 2018 and at Mupudzi River Bridge, Buwerimwe Village, Chief Zimunya Mutare, the accused unlawfully caused the death of LLOYD CHITAKATIRA by causing him to drink water laced with a poisonous substance intending to kill Lloyd Chitakatira or realising that his conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in Lloyd Chitakatira’s... More
The accused was charged with the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and the state alleged that during the period between 18 and 19 August 2018 and at Plot 47, Zunidza Ressettlement, Nyazura, the accused unlawfully caused the death of Patricia Makoni by assaulting her all over the body using an unidentified object intending to kill her, or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or... More
In a sad sibling rivalry over inherited pieces of land the deceased lost his life. The accused was arraigned before this court on a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
