Cases of repeat violent offenders are a scourge that will always put bail law in this jurisdiction under heightened scrutiny. Those who wear their disdain of violent crime on their shirt sleeves have even gone to the extent of arguing that when the Constitution of Zimbabwe elevated bail to a constitutional right it made the bail system weak and exposed the public to the depredations of gangsters and kindred offenders. Some human rights defenders and those with contrary views however argue that the presumption of innocence entails that no matter how grave or gory an offence may be viewed by... More
The appellant was convicted on a charge of rape in terms of s65(1)(a) after a contested trial. He was sentenced to fifteen years imprisonment, three suspended with attached conditions and twelve years effective imprisonment. He is appealing against both conviction and sentence. The grounds of appeal on conviction are basically that the court misdirected itself by making a finding that the complainant’s evidence was credible and discrediting that of the appellant as the onus of proof beyond a reasonable doubt rests on the State. More
The applicant represented by Messrs Tendai Biti Law, legal practitioners filed on 17 June 2020, an application for condonation of late noting of appeal. The applicant intends to appeal against the judgment of the Regional Magistrate per Kumbawa Esq delivered on February 2010 at Harare. The applicant attached the copy of the judgment aforesaid as an annexure to the application. He also attached a copy of the transcript of the record of proceedings in case No CRB 734-6/09. I must note that it was through my directive given on 24 August 2022 to the Registrar to intervene in having the... More
This matter was placed before me as an application for a declaratur, in terms of s14 of the High Court Act [Chapter 7:06]. The applicants seek an order that the registered nominal shares of the 1st respondent total 24 000 (Twenty-Four thousand) and additionally costs of suit on a legal practitioner to client scale against any respondent who opposes the application. More
1. This is an urgent application wherein initially the applicant sought a provisional order. At the hearing the court mero motu raised the issue whether this court has the jurisdiction and the competence to pronounce on the validity or lack thereof of a Supreme Court order. On reflection, Mr Dube counsel for the applicant conceded that this application has no merit and withdrew it tendering payment of costs on a party and party scale. Counsel conceded that this court has neither competence nor jurisdiction to pronounce on the validity or otherwise of an order of the Supreme Court. First respondent... More
This is a court application for the registration of an arbitral award in terms of Chapter viii, article 35 of the first schedule to the Arbitration Act, Chapter 7:15 as modified by SI 208/96. The application is opposed by the respondent. More
The applicants approached this court seeking a review in terms of ss 26-7 of the High Court Act as read with the common law, alternatively in accordance with s 4 of the Administrative Justice Act and in Accordance with Order 33, r 256 of the High Court Rules 1971. The applicants further seek that the acquisition by the first respondent be declared invalid and be set-aside. More
