The three cases above listed were placed before me on automatic review. On 12 March 2021 I issued a directive that the records be transcribed because I had difficulties in reading the handwriting of the learned provincial magistrate T. Chifamba, Esquire. The learned provincial magistrate dealt with all the three cases at Bindura Magistrates Court on guilty plea procedure. All the three cases suffer from the same procedural defect in the proceedings. The learned provincial magistrate did not comply with the peremptory provisions of s 271 (3) of the Criminal Procedure & Evidence Act, [Chapter 9:07]. More
This is an application for condonation of late filing of an application for review and extension of time within which to file the application for review.
The respondent took a point in limine before the main application was argued. The respondent raises in limine, that after filing the application with the necessary founding affidavit, the applicant then proceeded to file a supplementary affidavit. Such Supplementary affidavit, it was argued, ought to have been filed with the leave of court or a judge. It was submitted that the failure to obtain such leave, means that the applicant violated the Rules of... More
This matter was set down for hearing on the 2nd of July 2021 as an opposed application. However, neither the respondent nor his legal practitioners appeared for the hearing despite the respondent’s legal practitioners being served with the notice of set down. Resultantly, Mr Sithole applied for a default judgment to be granted in favour of the applicant. More
On 12 February 2018 the applicant obtained from this court a default judgment against the first respondent in proceedings under case no HC 206/18. The default judgment directed the first respondent to pay the applicant an amount in the sum of USD175 720-00, together with interest at the prescribed rate and costs of suit. On 19 February 2018 the applicant issued a writ of execution. The second respondent attached certain assets belonging to the first respondent, including three immovable properties. The attachment sparked further litigation between the parties. More
The appellant was employed by the 1st respondent as an accountant in the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. On 26 June 2018 the appellant was arraigned before a disciplinary committee to answer to allegations of misconduct. More
This matter was set down as an application for confirmation of a ruling in the case of Tonderai Mudavanhu and Meatsengo Butcheries. On the set down date the employer defaulted despite service hence setting the stage for a default judgment confirming the ruling. It however dawned on the court that notwithstanding the employer’s default it was apparent that the application was in breach of the law setting out how such matters had to be dealt with. See Isoquant v Darikwa (N.O) CCZ 6/20. More
This is an appeal against both conviction and sentence imposed upon the appellants by the Magistrates Court at Nyanga. The appellants were convicted of public violence as defined in s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on condition that each one of them does not within that period commit any offence involving violence for which upon conviction he is sentenced to imprisonment without the option of a fine. A further 4 months imprisonment was suspended on... More
