This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 10th May 2021. The applicant is now applying for bail on the basis of new facts. He is jointly charged with other persons. The applicant and his co-accused are charged with two counts of robbery as defined in section 126(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code), and one count of attempted murder as defined in section 189 as read with section 47 of the Criminal Code. More
The parties were married to each other at Harare on 30 April 2016 in terms of the Marriage Act [Chapter 5:11] and the marriage still subsists. Their marriage was blessed with two minor children; Ryan Tashinga Mahati born on 4 August 2009 and Rene Glenroy Takunda Mahati born on 3 February 2018. During the subsistence of the marriage the parties acquired the following property; More
This is an application for bail pending trial. Applicant is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The Applicant denies the allegations of murder and avers that he is a suitable candidate for bail. The State opposes this application.
The allegations against the applicant are summarised in the Request For Remand Form 242. On the 29th October 2020 applicant was in the company of Ben Sibanda (deceased) and one Robson Ndlovu who is at large. They were drinking alcohol. A dispute arose over applicant’s wife.... More
1. The preliminary point raised in this matter concerns the delay in registering a foreign judgment. The applicant brought an application for registration of a foreign judgment in terms ofOrder 37 Rule 305as read with Section 5(2) (a) (ii) of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act. Whilst the respondent challenges the registration of the foreign judgment on a number of grounds, it has requested the court to consider firstthe pointconcerning thelimitation period for registering a foreign judgment as prescribed in terms of s5 (2) (a) (ii) of the Act. More
1. The applicant brought an application to register a foreign judgment in terms of Order 37 r 305 as read with s 5 of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act.
Background facts
2. The respondent, Star Africa Corporation Limited, a Zimbabwean registered company is the parent company of Red Star Holdings Limited.The applicant was first employed by Red Star Holdings Limited in Harare as its regional development executive in May 2007 and was later transferred to Red Star Holdings Limited Distributors Zambia Ltd, a subsidiary of Red Star Holdings Limited in Zambiain October 2007 in the... More
This is an appeal against the whole judgment of the High Court (court a quo), sitting at Bulawayo which convicted the appellant of murder in contravention of s 47(1)(a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23](the Code). Subsequent to the conviction, the appellant was sentenced to death. This is an automatic appeal against both the conviction and sentence in terms of s 44(2) (c) of the High Court Act [Chapter 7:06]. At the close of submissions, we dismissed the appeal and indicated that our reasons would be availed in due course. I set out hereunder the reasons... More
The first and second applicants have been embroiled in a dispute with the first respondent from as far back as 2019. At the center of their dispute is a piece of land which is known as Subdivision 2 of Erling Farm, Seke, Beatrice {‘the farm’}. On 1 October 2021, the dispute in which only the first respondent, on the one hand, and the first and the second applicants, on the other, were involved escalated itself to the third to twenty-fifth applicants whom the first respondent moved to evict from the farm together with the first and second applicants. He premised... More
