On 2 September 2020, the applicant was granted bail by this court on appeal against the refusal by the Magistrate Court to admit him to bail on a charge of incitement to commit public violence as defined in s 187 (1) (a) of the Criminal Law Codification and Reform Act [Chapter 9:23] as read with s 36 (1) (a) of the same Act. He was charged in the alternative with two related charges arising from the same course of conduct. I have noted that the bail order indicates that it is myself who granted the applicant bail. The order needs... More
The applicant is charged with contravention of s 126 of the Criminal Law Codification and Reform Act [Chapter 9:23] i.e. to say robbery of a motor vehicle. The summary of the allegations is that on 29 July 2020 applicant and an another robbed complainant of his Toyota Sienta Vehicle Registration No. AEV 7893 engine No IN26665781 with chassis No NCP 810104251 which complainant used as a pirate taxi after pretending to the complainant that they wanted to be taken to some address in Waterfalls Harare. The robbery allegedly took place in the night as a result of which complainant could... More
DUBE-BANDA J: The applicant seeks leave to appeal to the Supreme Court against the judgment of this court handed down on 5th January2021. The grounds upon which leave to appeal is sought, are listed extensively in the application and will therefore not be repeated herein. The main contentions of the applicant are that:
1. The court erred and misdirected itself in denying the applicant bail pending appeal;
2. The court also erred in holding that there were no prospects of success when there were such prospects of success on both conviction and sentence.
3. The court further erred in denying... More
: On 9 April 2021 I struck off this matter from the roll and gave reasons extempore. The applicant has requested for written reason for my decision.These are the reasons.
In this application the applicant seeks to challenge the decision of the High Court handed down on 3 May 2018 dismissing his applicationfor condonation and leave to appeal in person. The application was purportedly filed in terms of r 21 of the Supreme Court Rules 2018.The applicant seeks an order in the following terms:
1. The application against refusal for condonation for the late filing of an appeal be
and... More
Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The learned judge removed the application from the roll and made note that an appeal pending before this court which was concerned with the same thereafter was set down for hearing on 24 May, 2021. It was considered then that to grant an order as prayed for by the applicant would pre-empt the decision of the appeal court. Upon resetting the... More
The appellant was employed as a driver by the respondent. Allegations of theft were raised against him and he was found guilty and dismissed. This appeal is against conviction. More
The appellant appeared before the provincial magistrate at Kwekwe Magistrates’ Court on 28 August, 2009 for trial. He was charged with and pleaded guilty to 5 counts of unlawful entry as defined in s 131 of the Criminal Law Codification and Reform Act, [Chapter 9:23] and 5 counts of theft as defined in s 131 of the same enactment. The appellant was sentenced to 2 years imprisonment on each of the 10 counts as aforesaid. The total sentence imposed therefore was 20 years imprisonment. 3 years of the sentence was suspended for 5 years on the usual condition of future... More
