This is an automatic appeal, filed in terms of s 44(2)(c) of the High Court Act (Chapter 7;06), against conviction and the penalty of a death sentence imposed on the appellants by the High Court on 8 June 2020 following their conviction on a charge of murder with constructive intent. Two separate appeals were filed by each of the appellants. The two appeals in question were consolidated, through an order of this Court dated 6 July 2022, as both appeals involved the same judgment. More
: This is an opposed chamber application for condonation for non-compliance with r 60 (2) of the Supreme Court Rules, 2018 and for extension of time within which to appeal. The intended appeal is against a judgment of the Labour Court handed down on 25 January 2019 dismissing an application for review of the decision made by the first respondent to dismiss the applicant from employment. More
1. This is an application for my recusal. The brief facts of this matter are that an application for rescission of judgment was placed before me and it was set down for the 18 October 2022. On the 17 October 2022, Muvingi & Mugadza Legal Practitioners (respondent’s legal practitioners) addressed a letter to the Registrar of this court ostensibly indicating that I ought to recuse myself from the hearing of the application for rescission of judgment. More
This is an appeal against a decision of the lower court dismissing an appeal against an order by the Community Court. The appeal before the lower court was in terms of s 24 (1) of the Customary Law and Local Courts Act [Chapter 7:05]. More
After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. The applicants have requested reasons for judgment. These are they. More
It is common cause that Appellant worked for Respondent as a Freight Driver based in Bulawayo. On the 19th December 2020 in the evening he was scheduled to deliver beer to their Beitbridge distribution center. After midnight he sent a message on their Whatsapp Group reporting a tyre puncture breakdown. Appellant stated that he realised his message was incomplete but when he tried again to reach his employer he failed due to network challenges. Appellant further stated that early morning robbers attacked him, damaged his truck and stole beer. He then managed to use a passerby’s phone to reach his... More
This is a combined application for condonation for late noting an application for rescission of a default judgment and an application for rescission of a default judgment in terms of r 27 of the High Court Rules, 2021. More
