The appellant pleaded guilty and was convicted and sentenced to terms of imprisonment by the provincial magistrate sitting at Harare on 14 July, 2020 on three charges of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and two charges of kidnapping as defined in s 93 (1) (a) of the same enactment.
The appellant was dissatisfied with the convictions and sentences imposed. He noted an appeal against both conviction and sentence on 21 July, 2020. At the hearing of this appeal, the appellant’s counsel abandoned the appeal against conviction but... More
This is an application for bail pending trial. Applicant was arraigned before the magistrate’s court facing three offences namely;
1. Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Conspiracy to commit Robbery as defined in s 188 as read with s 126 of the Criminal Law (Codification and Reform) Act
3. Unlawful possession of a firearm as defined in s4 (1) of the Firearms Act [Chapter 10:09] More
This is an urgent chamber application in which the applicants essentially seek stay of execution on of the order granted in case No. HC 2258/21 pending determination of a court application for the rescission of that order. The court application is yet to be filed. The application for rescission of judgment could not be filed prior to or at the time of the filing of the urgent chamber application owing to the Covid 19 induced lockdown and the Practice Direction issued pursuant thereto. The interim relief sought is for first respondent to be interdicted from interfering with second and third... More
The plaintiffs issued summons against the defendants claiming the sum of US$402 000-00 being ‘excess of costs that the plaintiffs will pay for the construction of 3 villas on stand number 553 Quinnington Township Borrowdale’. The plaintiff further claimed interest on the above sum calculated at the prescribed rate plus costs of suit.
The second defendant gave notice in terms of the rules that, unless the summons were withdrawn, it would except thereto. The summons not having been withdrawn, the second defendant duly filed the exception simultaneously with a special plea. The second defendant excepted on the grounds that the... More
This judgment is in respect of three matters which were consolidated for the purpose of the hearing. These are HC 1442/10, HC2480/10 and HC 6520/10. By agreement reached at the pre-trial conference, the citation embraced herein is what is to apply in respect of the three matters. At the pre-trial conference the parties agreed, among other things, that none of them has the right to represent the seventh defendant in these proceedings. This is so because what is at the centre of the dispute is the shareholding in that company which shareholding was the subject of a sale agreement between... More
DUBE-BANDA J:This is an application for condonation for late filing of notice of appeal against both conviction and sentence, and for leave to prosecute the appeal in person. The brief facts are these: the applicant was charged with the crime of kidnapping as defined in section 93(1) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 25 June 2020, along Cecil Avenue, Selbourne Park, Bulawayo, applicant forced complainant, a twelve year old into his motor vehicle. While inside the vehicle applicant tied complainant’s hands together with shoe laces. He drove his vehicle... More
Applicant, who is a detective in the Zimbabwe Republic Police received a report of theft of a cellphone gadget on 4 March 2019. After investigations he recovered it from Ernest Jamela a form four student at St Joseph’s Mission, Sakubva, Mutare. He arrested Ernest Jamela and handed him over to the charge office. On 5 March 2019, at his parent’s home he rearrested him over a second cellphone belonging to Delight Mureba. On 7 March 2019 a complaint of assault was lodged by Ernest Jamela against applicant. More
