Following the judgment which it obtained on 13 November, 2023 under HC 539/23, Forltune Investments (Pvt) Ltd, the Judgment Creditor, attached and took into execution the property which allegedly belongs to Homelife Furniture And Electrical Appliances and another, the Judgment Debtor. The attached goods constitute the cause of action for Blue Line Electrical Appliances, the Claimant in casu. It alleges that the goods which the Sheriff attached belong to it. More
By consent of the parties the two matters HC 1903/23 and HC 2935/23 were consolidated and were heard at the same time, mainly because the application under HC 2935/23 is an application for leave to file supplementary affidavit in case number HC 1903/23. The parties in the two applications are the same. More
On 27 August 2024 I issued an order in terms of which I dismissed a claim for a 25-tonne LP gas storage tank (“the tank”) and an LP gas platform instituted by the claimant, Rumread Trading (Pvt) Ltd against Estrimanzi Proprietary Ltd, the judgment creditor. These are the written reasons for my decision. More
This matter was dealt with on 7 June 2023 and the accused was released on a warrant of liberation on the 23 June 2023 on the basis of a review minute that I prepared. However given the facts of the matter I felt compelled to write this judgment despite the passage of time. More
This matter was placed before me on automatic review in terms of s 57 of the Magistrate’s Court Act [Chapter 7:10]. The offender, a 15-year-old juvenile was arraigned before the Magistrates Court sitting at Kezi facing four counts. In count 1 he was charged with the crime of theft as defined in s 113(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23] (“Criminal Law Code”) it being alleged that on 5 February 2024, at around 0100 hours extending to 0600 hours at Minda High School Cottages, he unlawfully and intentionally took one red and black bicycle. More
This matter was placed before me for trial in the criminal court. The accused is facing two counts, viz murder and attempted murder. The trial was set down for today 20 February 2024. On 19 February 2024 State counsel and defence counsel sought audience with me in my chambers. Counsel brought it to my attention that on 20 May 2022 I presided over a criminal matter involving this accused and a co-accused who is not part of this trial. I was shown a copy of the judgment in The State v Kholisani Nyathi & Anor HB 138/22. I perused the... More
The six accused persons appeared before the court facing one count of murder in contravention of s 47 (1) of the Criminal Code. The state alleged that on the 25th of July 2020 the accused persons with common purpose assaulted the deceased indiscriminately with logs, open hands and clenched fists leading to his death. They suspected the deceased to have stolen the 1st and 4th accused’s cattle. They then dragged him to their vehicles and took him to Nyabira Police Station. The deceased later died of injuries. More
