BHUNU JA: The appellant was convicted by the Harare Regional Magistrates Court of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 18 years’ imprisonment of which 6 years were suspended for a period of 5 years on appropriate conditions of good behaviour.
Aggrieved by both conviction and sentence, he appealed to the High Court (the court a quo) against both conviction and sentence without success. He now appeals against the whole judgment of the court a quo to this Court for relief. More
This is an opposed application for review of the proceedings of the disciplinary committee against the applicant. The applicant is an employee of the respondent. He is employed as a Provincial Magistrate. He was charged of contravening the Judicial Service Regulations 2015, as read with the criminal law (Codification andReform) Act, Chapter 9:23. He was also charged in the alternative of contravening the same Judicial Service Regulations as read with the Magistrates Code of Ethics of 2019. He was convicted of the main charge and consequently found not guilty of the alternative charge. A penalty of discharge way imposed. More
This is an application for bail pending trial by the applicant who was placed on remand on allegations of robbery it being alleged that he and 4 of his accomplices fully dressed in army uniform robbed the 80 year old female complainant at her Kadoma residence whose house they pretended to be searching for weapons of war pursuant to a search warrant they allegedly produced. Applicant and his accomplices disarmed complainant’s guard of a firearm (revolver) which they immediately used to threaten the complainant and members of her household into submission and tied them and locked them into a toilet... More
This is an application for bail pending the finalisation of trial. Applicant is being charged with the crime of contravening section 60 A (3a) (b) of the Electricity Act [Chapter 13:19] i.e. to cut, damage, destroy or interfere with any apparatus used for generation, transmission, distribution or supply of electricity. The allegations are that on the 23rd March 2020, during the night and at a bushy area along Mzingwani Road, stretching to Alwyn Road, Hope Fountain, Bulawayo, applicant unlawfully and intentionally cut, damaged, destroyed or interfered with any apparatus or material used in connection, distribution or supply of electricity. He... More
This is an application for bail pending trial. The application was filed on 25th January 2021. I then advised the parties of my intention to dispose of the matter on the papers. To that end I invited them to file heads of argument, if they were so inclined, by 27th January 2021. Counsel for the applicants filed heads of argument on the 28th January and none were filed by the respondent. More
This is an urgent application in which the provisional order sought the placement of a caveat on property described as a certain 4357 square meters of land called stand 17005 Harare Township of Stand 16969 Harare Township situate in the District of Salisbury held under Deed f Transfer No 02319/95. More
This is an application for a spoliation order. There is a lease agreement between the parties. The lease agreement dates back to 2011. Sometime in 2014 there was an attempt to evict the applicant from the premises but this court in 2018 granted absolution from the instance which resulted in the applicant remaining in occupation of the premises. The premises in question are commercial. More
