This is an application for bail pending review. It arises out of proceedings conducted in the Regional Magistrates’ Court, sitting at Harare, in terms of s 271(2)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07]. On 6 September 2023, the applicant was convicted, on his own plea, of the crime of theft as defined in s 113(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:023]. The property stolen was a motor vehicle. He was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended for 5 years on condition of good behaviour. More
: The applicant sought an order for condonation of late noting of an appeal and leave to appeal in person. I heard the application and dismissed it. Applicant now seeks reasons for the dismissal. The reasons are as follows: The charge applicant faced before the Regional Magistrate sitting at Karoi is that of contravening of s 65 of the Criminal Law and Codification and Reform Act [Chapter 9:23] (Rape). More
The applicant’s response to the query raised on 16 January 2023 erroneously dated 16 January 2022 is acknowledged. Applicant should note that a respondent who has failed to take appropriate action in response to court proceedings (in this case an ordinary chamber application) within the dies induciae given is not always automatically barred on account of such default. Such party can always comply outside the dies induciae provided no judgment has since been obtained by the party who has approached the court for relief if there is no bar operating against him. Just to illustrate the point – a defendant... More
They allege, on the merits, that the applicant’s title to the farm is defective on account of the claim that the same had already been allocated to them when the lease came into existence. They aver that the lease was acquired fraudulently or through gross misrepresentation. The lease, they claim, is defective in the sense that it was granted over the farm which they occupy. They insist that the Minister of Land (“the Minister”) gave offer letters to them. They aver that the Minister could not have validly passed title to the applicant when they validly held title to the... More
On 10 May 2018 the applicant sold to the first and second respondents [“the respondents”] a piece of land from a certain housing development project by him in Good Hope Township of Harare. The sale was in terms of a written agreement. All the usual terms were agreed upon, including the purchase price and the mode of paying it. In terms of the agreement, the deposit was to be paid to the seller as cash upon signing. The monthly instalments would also be paid in cash within the periods as specified. Another clause in the agreement stipulated that all the... More
The brief background to this matter is that the applicant and first respondent were duly nominated as candidates to contest on 23 August 2023 for the seat of Ward 35 Mazowe Rural District Council. It is the applicant’s averment that the first respondent was not qualified to be nominated as, though he is an owner of land held under an agreement of lease being Plot No. 13, Danbury Park Farm in Mazowe Rural District Council, he owed Mazowe Rural District Council in unpaid levies. The amount owed is said to be four hundred and twenty United States Dollars and this... More
At the onset of the review application the applicant raised the point in limine stating that there is no opposition to the review application on account of the fact that the opposing affidavit was deposed to by a person who did not file with the court a board resolution indicating that he is authorised to depose to the affidavit. More
