The appellant was convicted of five counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was acquitted on one count which was count 3. Counts 1 and 2 were taken as one for sentence, and 12 years imprisonment was imposed. For counts 4, 5 and 6 the appellant was sentenced to 8 years imprisonment on each count. The total for all the counts was therefore 36 years imprisonment. The learned magistrate suspended 5 years imprisonment on condition of good behaviour, and a further 3 years imprisonment on condition of restitution.... More
It is common cause that during the course of the year 2022, the third respondent undertook a delimitation exercise of the electoral boundaries into which Zimbabwe is to be divided in fulfilment of the provisions of ss 160 and 161 of the Constitution of Zimbabwe (“the Constitution”). On 20 February 2023, following the observance of the prescribed constitutional processes, a final delimitation report was gazetted by the fourth respondent. The report was published as Statutory Instrument 14 of 2023. The first and second respondents alleged that the final delimitation report was invalid as it fell short of the requirements of... More
The applicant in this matter approached the court seeking an order of this court for an order to compel the respondent to transfer property situate at 585 Quinnington Township of Lot 1A Quinnington Township 8422 square metres, otherwise known as No 90 Crowhill Road, Borrowdale Harare (hereinafter referred to as “the property”) to himself. The applicant also sought that, should the respondent fail to comply, the Sheriff or his lawful deputy be authorized by this court to sign the necessary documents to facilitate the transfer into the applicant’s name. The background of the facts are as follows: Sometime in March... More
This is an appeal against the whole judgment of the High Court “(the court a quo) sitting at Harare, dated 1 December 2021 declaring that the joint venture agreement, signed by the parties on 2 February 2018, is null and void in that it was signed without prior cabinet approval as required in terms of s 13 (1) of the Joint Ventures Act [Chapter 22:22] (the Act). More
1. This is a chamber application for condonation and extension of time within which to file a notice of appeal against part of the judgment of the High Court of Zimbabwe sitting at Bulawayo, being Judgment No. HB 16/22, handed down on 20 January 2022. More
The fall out between the parties centres on the jurisdiction of the taxing authority to issue additional assessments against the applicant. The applicant seeks an order setting aside notices of assessment issued by the respondent. This dispute pits the applicant, a taxpayer and the respondent, Zimbabwe Revenue Authority, (ZIMRA), an administrative authority created in terms of the Revenue Authority Act [Chapter 23:11], tasked with the obligation to collect taxes under the Income Tax Act [Chapter 23: 06], the Act. What started the wrangle between the parties is a tax assessment for the year ended 2019 which the applicant objected to.... More
1. This is an application for the recusal of CHIKOWERO J from sitting as a member of the court presiding over case numbers HACC (A) 12/23 and HC 8597/22. The former is an appeal against the whole judgment of the magistrates court convicting the applicant of one count of defeating or obstructing the course of justice as defined in s 184(1) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The latter is an application for review of the trial court’s interlocutory decision dismissing the applicant’s exception to the same charge. The applicant had excepted to the charge... More
