The application for condonation for late noting of appeal is hereby dismissed. The applicant has no prospects of success on appeal. Whilst he says that the court a quo did not inform him of his legal right to legal representation, it is clear from the record of proceedings that the accused’s guilty plea to the rape charges was unequivocal. He admitted to the charges and all the essential elements of the offence. Even in mitigation it is clear that he was admitting to having committed the offences. It is my considered view that there was no substantial miscarriage of justice.... More
Applicants were arrested and charged with (i) contravening s 126 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] ie. Robbery and (iii) rape as defined in s 65 1 (a) and (b) of the said Code. More
This matter is an urgent chamber application for stay of execution. The applicants are former employees of the 1st respondent while the 2nd respondent is cited in his official capacity.
The Magistrates Court sitting at Masvingo handed down two judgments in case numbers 712/19 and 713/19 and eviction was granted in 1st respondent’s favour. The applicants filed an appeal under case number 712/19 on the same day with the other appellants under case number 713/19 (SMM v Miriam Kwangwa & 77 Others). The applicants failed to file heads of argument as per the Rules of Court. The applicants seek to... More
The appellantis being charged with robbery as defined in s126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. His application for bail pending trial was refused on the basis that:
1. His alleged accomplices are still at large
2. The case against him is strong as he was in close proximity to the complainant. Therefore the issue of mistaken identity seems improbable even though this is a triable issue.
3. The evidence against him is overwhelming and this might induce him to abscond
4. Thus there are compelling reasons to deny him bail. More
This is an application for condonation of late filing of response to an application for the confirmation of a ruling in the matter between Stewart Majaya and Elizabeth Glaser Paediatric Aids Foundation for convenience referred to in this judgment as “the Foundation”. More
The plaintiff seeks the eviction of the 1st defendant and all those claiming occupation through him from residential premises known as Number 2312 Msasa Drive , Marlborough, Harare ‘hereinafter referred to as the property’ . He also seeks costs of suit on an attorney and client scale. When the1st defendant received the eviction summons, he entered appearance to defend and filed a plea. Subsequently an application for joinder of the 2nd defendant was made and granted. The 2nd defendant also opposed the claim. Although the plaintiff seeks no order as against the 2nd defendant, the 2nd defendant was joined to... More
These are two cases under one judgment. At a pre-hearing case management conference, the parties agreed to have them consolidated. It made sense. Among other things, the cause of action in both matters is the same. The real protagonists are the same. Kindred orders are being sought. Both matters were filed under certificates of urgency. They were filed on the same day. More
