The appellant appeared before a High Court circuit at Hwange facing two counts of murder. After hearing evidence, the High Court found the appellant guilty of murder with actual intent. Both counsel involved in the trial then addressed the court on the question of extenuating circumstances. Having found that none existed, the court then imposed the ultimate sentence of death in respect of each count. The present appeal is against that determination. More
It is trite law that when a court has handed down a judgment it becomes functus officio. This court may not therefore revisit its own judgment and seek to vary it. The court is not held functus officio only in instances where the provisions of Rule 449 of the High Court (Civil) Rules, 1971 are invoked. The residual right retained by this court to vary or rescind its own judgment may only be exercised where a judgment has been erroneously sought or granted. More
Plaintiff issued summons against the defendants on 4 January 2017 claiming for:
1. An order compelling the 1st defendant to effect transfer of stand number 20290 Pumula South, Bulawayo into plaintiff’s names.
2. The 2nd defendant be compelled to accept change of ownership papers from 1st defendant.
3. In the event 2nd defendant fails or refuses to comply with the order, the Sheriff of Bulawayo be and is hereby empowered to sign all necessary paper work on behalf of 1st defendant and 2nd defendant is ordered to accept papers signed by the Sheriff and transfer the property into plaintiff’s names.... More
This is an appeal against the whole judgment of the Labour Court dated 6 November 2019 under LC/H/521-16 dismissing the appellant’s appeal against arbitral awards by an arbitrator. More
I must say from the onset that I hold the view that applications for the review of uncompleted proceedings of a lower court, particularly criminal proceedings, being brought before a single Judge in Motion Court should be greatly discouraged. They are, in my view, generally undesirable. More
This is an appeal against an arbitral award issued by the Arbitrator on the 15th August, 2019 to the effect that:-
(1) the claimants claims for unfair dismissal be and is hereby upheld and respondent is hereby ordered to pay $375,00 as notice pay.
(2) the claim for unpaid salaries be and is hereby dismissed. More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 24 months imprisonment of which 4 months was suspended for 5 years on conditions of future good behaviour, of the remaining 20 months, 5 months imprisonment was suspended on condition that appellant restitutes complainant. In addition 2 months imprisonment suspended previously were brought into effect. More
