The applicant approached the court through the urgent chamber book on 18 March 2021. Upon perusal of papers filed of record on 19 March 2021, I formulated an opinion that the matter was not urgent. By letter filed with Registry on 24 March 2021, the applicant sought audience to address the court. I directed that the respondents be served and set the matter down for 30 March 2021 thus prompting the hearing.
A conspectus of the background of the matter has to be put into perspective. Sometime in October 2020 the applicant was served with a notice of disciplinary hearing... More
This is an appeal against conviction only of the appellant. The appellant was convicted of Rape as defined in s 65(1) of the Criminal Law (Codification and Reform) Act and sentenced to 18 years imprisonment of which 3 years imprisonment was suspended for a period of 5 years on condition of future good behaviour. More
The applicant, charged with one count of robbery (armed) as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] “the Code”, applies for bail pending trial. More
This is an appeal by the employee against the decision of the employer finding him guilty and imposing a penalty of dismissal. The appellant raised a point in limine to the effect that the respondent had not responded by use of Form LC2 as required by the Rules of the court. Further there was no affidavit attached as required as per Form LC2. The appellant called for the response to be expunged and the matter to proceed unopposed. More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 23 March 2021. The application was placed before me and I directed that a copy of the application and a notice of set down be served on the respondents. The matter was set-down for 26 March 2021. More
At the initial hearing of this matter and as a result of Mr Muziwi for the State raising argument in support of the point in limine after the defence counsel had addressed the court on the merit it was agreed that the court peruses the record in B2178/20 in order to appreciate the dispute which resulted in applicant’s appeal being stuck off the roll to enable the Court to determine whether appellant had returned to Court on the same defective papers. More
Stare decisis is part of the jurisdiction of this court and indeed of many jurisdictions the world over. Its meaning and import are not only clear. They are also straight forward. Stare decisis, in simple terms, stresses the obvious. The obvious is that an inferior court is bound by the decision(s) of the superior court. The inferior court cannot, by parity of reasoning, ignore or wish away the decision(s) of the superior court unless it can show, in its attempt to wish away such, that the circumstances of the case which the parties placed before it are distinguishable from those... More
