Accused faces a charge murder, it being alleged that on the 16th of November 2020, he assaulted the deceased Katarina Mupasi and thereby causing her death. Accused pleaded not guilty by reason of insanity. The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1. The state counsel also tendered the post mortem report and the psychiatrist’s report as well as the alleged weapon which is a steel wheelbarrow handle which were all duly marked. More
This application was placed before me in chambers. The applicant seeks leave to appeal against the judgment of the magistrates court acquitting the respondent at the close of the state case on a charge of fraud in contravention of section 136 of the Criminal Law Code [Cap 9:23]. More
On 6 November, 2000 the first respondent, Tecla Mvembe (“Tecla”) sold to Max Management (Private) Limited (“Max”) a certain piece of land called 60 A Newwalk, Woodlands Road of Hilton of Subdivision A of Waterfalls (“the property”). The property is situated in the District of Salisbury. It is 25, 0532 hectares in extent. More
This application will be better understood against the background that follows. The facts of this matter appear in the founding papers, opposing affidavit of 2nd respondent and the submissions made by Mr Demo counsel for the Speaker of the Parliament of Zimbabwe (Speaker). More
The applicant is a registered Trust. The applicant claims to have purchased a sizeable number of immovable properties in Harare from the first respondent on 18 November, 2018 for a total purchase price of USD $1650.00. The sale was reduced to writing in an agreement in duly signed on behalf of both parties. The applicant has petitioned the court for an order to compel the first respondent to transfer the properties to the applicant against payment of the purchase price of USD$1650 000.00. The first respondent opposes the application and prays for its dismissal with costs. It has described this... More
In terms of section 121 (3) of the Criminal Procedure and Evidence Act (Chapter 9:07) it is provided that:
“Where a Judge or Magistrate has admitted a person to bail, and an appeal has been noted by the Prosecutor General or Public Prosecutor under subsection (1), the decision to admit to bail remains in force unless, on the application of the Prosecutor General or Public Prosecutor, the Judge or Magistrate is satisfied that there is a reasonable possibility that the interests of justice may be defeated by the release of the accused on bail before the decision on appeal, in... More
This is an urgent chamber application for an order suspending the execution of the judgment granted in Case No HC 5385 B/22 pending the determination of an application for its rescission filed under HC 7557/22. The applicant also seeks an order interdicting the first and second respondents from acting as its directors, shareholders or officers pending determination of the application for rescission of the judgment. Costs are being sought against any party that opposes the application while there is a proposal for each party to bear its own costs for those that have not opposed it. More
