This matter appeared before me as a review application of criminal proceedings before the Honourable Magistrate Guwuriro. The applicant had been convicted by the court a quo for contravening s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant was sentenced to 3 years imprisonment, 1 year of which was suspended for 5 years, and 4 months were suspended on condition of restitution of $40.00. Thus, the applicant was effectively to serve 20 months. He approached this court by way of a review to have the conviction quashed and sentence set aside. The basis for this application... More
The background facts to this matter are that the late Stephen Nduna Gwenze Masaire was the holder of title in a property known as “Remaining Extent of Lots Numbers 182, 183, 184 and 185 Block C, portion of Hatfield Estate measuring 1,7657 hectares” registered under Deed of Transfer 1371/80. Sometime in 1991 he applied for and was granted a subdivision permit in respect of this land. The proposed subdivision was meant to create two properties from the original property, namely Stand Numbers 909 and 910 Hatfield Township. More
At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence... More
Appellant worked for Respondent as Hospital Administrator in Chipinge. He was dismissed from employment after being found guilty of misconduct by the disciplinary authority. He appealed but the appeals authority dismissed the appeal. Appellant then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
This Urgent Chamber Application seeks to stop the continuation of trial before the second respondent. The applicant was charged with three counts of criminal abuse of duty as a public officer as defined in section 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty and the trial commenced with the leading of evidence from eight state witnesses. At the close of the state case the applicant applied for a discharge in terms of section 198 (3) of the Criminal Procedure and Evidence Act, Chapter 9:07, which application was dismissed by the second... More
1. This is an opposed application for quantification of damages in lieu of reinstatement. It is made after the employer has not reinstated the employee and there were no negotiations to settle the matter. It is one of those many cases where parties do not want to co-operate and resolve their issues out of court. More
On 30 March 2023 this Court issued an Ex Tempore decision dismissing Applicant’s application for rescission of the default judgment delivered by the Court sitting at Mutare Circuit Court. Applicant is dissatisfied with the dismissal of the application for rescission and intends to approach the Supreme Court. More
