On the 30th of June 2016, the judgment creditor, Tapiwa Nelson Magwizi, obtained a default judgment in his favour against Brandhope Enterprises Private Limited t/a Brandhope Logistics. The judgment debtor, Brandhope, was ordered to deliver an IVECO 7, 8 tonne truck within 7 days from the date of judgment or alternatively pay a refund in the sum of US$13 000, being the purchase price paid. More
DUBE-BANDA J: This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s court sitting in Binga. He was charged with the crime of contravening section 4 as read with section 3(1) (a) of the Domestic Violence Act [Chapter 5:16] “Physical Abuse.” It being alleged that he committed an act of physical abuse upon the complainant by striking her with open hands and a switch all over the body intending to cause bodily harm realising that there is a real risk or possibility that bodily harm may result. He pleaded guilty and was duly convicted.... More
This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s Court sitting in Bulawayo. He was charged with two counts of stock theft. He pleaded not guilty. At the conclusion of the trial he was found guilty as charged. The conviction is proper and nothing turns on it. The trial court was unable to find any special circumstances, and the accused was sentenced to the minimum mandatory sentence of nine years per count. The total cumulative sentence is eighteen years imprisonment. It is cumulative sentence that attracted my attention More
DUBE-BANDA J: The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) [Chapter 9:23]. It is alleged that on the 4 February 2019, and at Village Mhlupheki, Chief Malisa, Zhombe, the accused person unlawfully caused the death of Tororo Ndlovu (deceased), by striking him once on the back of the head with an axe, intending to kill him or realising that there was a real or possibility that his conduct may cause the death and continued to engage in that conduct despite the risk or possibility. More
DUBE-BANDA J: The trial magistrate referred this matter to this court for sentence as she felt that she lacked jurisdiction to sentence the accused. The accused was arraigned before the Magistrate’s court sitting in Shurugwi. He was charged with the crime of contravening section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 23rd November 2019, and at Gakata Village, Chief Nhema, Shurugwi, the accused had extra marital intercourse with complainant a female person below the age of 16 years. It turned out that at the material time accused was infected H.I.V.... More
DUBE-BANDA J:This matter was placed before me on automatic review. The accused person was arraigned before the Magistrate’s Court - Binga. He was charged with six counts; count 1, 2, 3 and 5 being unlawful entry into premises in aggravating circumstances as defined in sections 131(1) as read with 131(2) (e) of the Criminal Law [Codification and Reform] Act Chapter 9:23; count 4 being theft as defined in section 113(1) of the Criminal Law [Codification and Reform] Act Chapter 9:23; and count 6 being unlawful possession of articles for criminal use as defined in section 40(1) of the Criminal Law... More
DUBE-BANDA J: The accused is charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Chapter 9:23. It is alleged that on the 27 April 2017, and at South Devon Shavi River, Zvishavane, the accused person unlawfully caused the death of Brian Bushe (deceased), by striking him with machetes on the head and all over the body, stabbing him with knives on the hands and back as well as detonating explosives and throwing stones at him, intending to kill him or realising that there was a real or possibility that his conduct... More
