DUBE-BANDA J: This is an appeal against the entire judgment of the magistrate’s court sitting at Tredgold Bulawayo, dated 18 September 2019. The court a quo ordered appellants to pay respondent, jointly and severally, the one paying the other to be absolved, the sum of US$ 53 969.85; interest at the prescribed rate calculated from the date of summons to the date of final payment; and costs of suit on a legal practitioner and client scale. Appellant was aggrieved by the judgment and noted an appeal in this court. In the main, the appeal is about whether the court a... More
The appellant appeared before a Magistrate sitting at Tredgold, Bulawayo facing a charge of contravening section 113 (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). He pleaded guilty to the charge and was convicted and sentenced to pay a fine of $80, in default of payment 18 days imprisonment. Appellant was not legally represented at the trial. He now appeals both against conviction and sentence. More
This is an appeal against both conviction and sentence where the appellant was convicted of Robbery as defined in S 126 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] where he was sentenced to 48 months imprisonment of which 6 months imprisonment was suspended on the usual conditions of future good behaviour. More
This is an application for condonation for non-compliance with Rule 38 of the Supreme Court Rules, 2018 and extension of time within which to file and serve a notice of appeal. More
This is an appeal against the whole judgement of the Labour Court handed down on the 26 January 2018. At the end of the hearing in this matter we issued an order in these terms, and indicated that full reasons thereof would follow in due course: -
“1. The appeal is allowed with costs.
2. The judgement of the court a quo is set aside and substituted with the following: -
(i) The application for review be and is hereby granted with costs.
(ii) The decision of the respondent placing the applicant on retirement is set aside.
(iii) The applicant... More
On 23 October 2019 after hearing counsel we granted the following order;
“IT IS ORDERED THAT;
The appeal in respect of both conviction and the sentence be and is hereby dismissed”
We gave our detailed reasons for dismissing the appeal ex tempore.
At the material time the appellant was represented by Mr Hlabano of Messrs Hlabano Law Chambers. More
When this matter was called Mr Bhatasara, counsel for the appellant, applied to amend the grounds of appeal. Mr Mutasa, who appeared for the respondent, was not averse to the application. The matter was stood down to allow counsel to confer on the proposed amendments. When the matter resumed the parties indicated that they had agreed on the amendments. The grounds were as a consequence amended by consent. More
