The applicant filed an interpleader notice in terms of r 63(2), as read with r 63(5), of the High Court Rules, 2021. It relates to certain movable property attached by the applicant at Stand No. 125 Monavale, Harare.
The said attachment emanates from a Supreme Court order of 17 January 2020, Civil Appeal No. SC 339/19. The order was the outcome of an appeal noted by the judgment debtor, cited as JOHN MASHIRI T/A GWAI MILLERS, against the judgment creditor, cited as BROADWAY INVESTMENTS (PVT) LTD, as first respondent, with OWEN POTANI (the judgment creditor in casu) as the second... More
These interpleader proceedings were brought by the Sheriff in terms of the Rules. The Sheriff is an officer of this court whose duties include, inter alia, the execution of court orders. In line with his duties the Sheriff attached and took into execution the judgment debtors’ movable property in Case No. HC 11692/16. The judgment debtors are Mydale International (Pvt) Ltd and one Dr Rob Kelly. The Sheriff attached movable property part of which includes 2 motor vehicles and household furniture. The property was attached at No. 8 Shirely Road, Borrowdale Harare. According to the notice of seizure and attachment... More
On 1st of January 2021 and at 0100 hours the accused and the deceased were celebrating New Year’sday at Phokuhle Nyoni’s homestead at Dromoland, Inyathi. Also in attendance were Imanathi Ndlovu, Vusumuzi Moyo and Clement Moyo. At around 0400 hours when others had retired to bed, accused in the company of his co-accused, Vusumuzi and Clement took the deceased to Mtshoko Dam where they assaulted him with an axe and bricks on the head. The deceased died as a result of injuries sustained in the assault. The body was discovered by Livious Ndlovu on the edge of the dam the... More
On the 14th of January 2019 there were public demonstrations in the city of Bulawayo. The deceased and other police officers from Entumbane Police Station were deployed at the intersection of Masiyephambili and Luveve Road to maintain law and order. The deceased and his colleagues were deployed at the said location around 0700 hours. More
Accused is facing a charge of murder in contravention of section 47 (1) of the Criminal Law Codification Act (Chapter 9:23). It being alleged that on 21st March 2020 and along Garikai Road,Ntabazinduna, the accused wrongfully and unlawfully caused the death of Khulekani Ndlovu, by assaulting him with an electrical cable several times all over the body and stabbing him once on the arm and on the thigh intending to cause his death. The accused denies the allegations. He tenders a limited plea of guilty to the lesser charge of culpable homicide. The state accepts the limited plea. More
This matter brings into focus the negative impact of the deep rooted belief in witchcraft in a number of communities in our nation. In most African countries the belief in the occult, witchcraft and Christianity is interwoven in the social fabric.
Sometime in September 2019, the accused consulted a witchdoctor/hunter (commonly known as Tsikamutanda) who advised him that deceased, a 73 year old woman, was bewitching him and sucking his blood. The witchdoctor performed some rituals at accused’s homestead that included the placing of pegs around the homestead and the sprinkling of salt. The accused was assured that the evil... More
The accused was 38 years at the time the offence was committed. The deceased was aged 35 years. The accused appears in this court on a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused denies the charge of murder and tenders a plea of guilty to the lessor offence of culpable homicide. The state accepts the limited plea. A Statement of Agreed Facts has been tendered into the record. It summarizes the events leading to the death of the deceased. On the 4th of August 2004 the... More
