This is an application for leave to appeal to the Supreme Court which was filed by the applicant on 13 June 2025.
The applicant was convicted by Rusape Regional Court on 20 April 2023 for Rape and sentenced to 14 years imprisonment, 2 years imprisonment of which was suspended on conditions of future good behaviour. Having realized that he had not timeously filed a notice of appeal to this court, applicant under case No. HC Con 13/23 applied for condonation for late noting of appeal. Having gone through the record of proceedings I was of the view that the prospects... More
[1] Admire Makuvadze (first appellant), Delight Choga (second appellant) and one Joseph Phiri (Joseph) were arrested and subsequently charged with robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the CODE). They appeared before the court of a Regional Magistrate at Gwanda. The allegations were that on 12 February 2012, at New Eclipse Mine, Shangani, the two appellants and their accomplices used violence against the complainant and took 100 kilograms of gold carbons belonging to the complainant. They were both convicted after a contested trial. Each of them was sentenced to 10 years... More
This is a review application against a magistrate’s decision refusing to release seized money (US$56,000 and US$22,000) to the applicants respectively after criminal proceedings against them were halted. The applicants were charged with theft, allegedly stealing cash belonging to a company and their trial commenced. Several witnesses testified, but the State failed to locate a key witness. Consequently, on the applicants’ motion, the magistrate refused further remand and removed the applicants from remand effectively ending the proceedings. The applicants then applied under section 58 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP&EA”) for return of the seized money.... More
Applicants applied to this Court for condonation of a belated review. The application was made in terms of Rule 22 of the Labour Court Rules, 2017. At the onset of oral argument respondent raised a point in limine. More
This is an application for absolution from the instance in two highly contested insurance claims arising out of an outbreak of the then unknown virus world-wide. Scientists in their wisdom provisionally named the virus “Novel Coronavirus (nCoV) before settling on a permanent name. Today as we know it; It is called the Coronavirus disease or COVID-19. It is described as an infectious disease caused by the SARS-CoV-2 virus. (source https://www.who.int) More
At the commencement of the proceedings, the Court enquired from Applicant’s legal practitioners whether the matter was properly before the Court seeing that that it purported to be a ‘Composite Application’ for condonation and review. The Court also enquired whether the Rules provided for such a procedure.
In response, Mr. Masuku stated that he was relying on precedent when he filed the documents in question. He further stated that he was relying on Read v Gardener 2019 (3) ZLR 575 (S) and Murambiwa v SEEDCO LCH/361/23. He stated that he did not have anything further to say in connection with... More
