This is an appeal against conviction and sentence. The appellant was convicted of one count of “possession of a firearm without a licence” in contravention of s 4(1) of the Firearms Act [Chapter 10:09] and unlawful possession of explosives in contravention of s 3(1) and (2) of the Explosives Act [Chapter 10:08]. He was sentenced as follows: Count 1: 36 months imprisonment of which 15 months imprisonment is suspended for 5 years on condition accused does not within that period commit any defence involving the possession of a firearm without a valid certificate for which he is sentenced to imprisonment... More
The application for condonation was filed on 4 September 2020. The application was opposed by the Respondent. In his founding affidavit Appellant averred that he was a former employee of the Respondent. He was employed as a Research and Development Technician. He had been dismissed from employment on 29th of November, 2019 following a disciplinary process where he was facing charges of theft, embezzlement and misuse of company property. A Disciplinary Committee set up to hear the matter had found him guilty of all the charges levelled. An internal appeal was equally unsuccessful. He had then appealed to the National... More
: The parties customarily married in 1998 and solemnised their marriage officially on 30 June 2005. They lived together till 2018. They had three children one of whom is still a minor having been born on 7 October 2005. The issues agreed upon are that the marriage has irretrievably broken down. The plaintiff also agrees that he ought to pay maintenance for the child but disputes the quantum. The parties also have no issue regarding the defendant having custody of the minor child. More
1. This is an appeal against the decision of the Appeal Authority set up by the respondent (though Appellant says Appeal Committee). The Appellant was charged of three and convicted of two acts of misconduct in terms of paragraph (f) of section 4 of Statutory Instrument 15 of 2006 to wit, gross incompetency or inefficiency in performance of work. A penalty of dismissal was imposed. An appeal at the workplace was unsuccessful. More
On 13 January 2023 applicant’s application for bail pending trial was dismissed. The record shows on dismissing the application the court considered that applicant is a danger to society as he was part of a gang that attacked the deceased. The court also considered that applicant and his accomplices had used dangerous weapons in the commission of the offence. The court further considered applicant a flight risk as he was found in possession of the murder weapon. More
This is an application for condonation of the late filing of an appeal. At the commencement of the oral submissions, Ms Matongwana raised preliminary issues relating to the filing of documents by the Respondent. She stated that Respondent’s legal practitioners had not filed an Assumption of Agency as prescribed by the Rules. She also stated that the Respondent had filed the heads of argument two (2) days after the due date and had not applied for condonation. In response, Ms Mangoi stated that due the new system of filing of documents on the IECMS platform, Respondent only realized on perusal... More
On 17 November 2022, this Court issued an Ex Tempore judgment granting condonation to Respondent to file an appeal before this Court. Applicant is dissatisfied with the decision and intends to approach the Supreme Court on appeal. More
