Court Judgements
Chinhoyi High Court Judgements
This is an application for bail pending appeal. The principles underlying an application of this nature are summarily, the likelihood of abscondment, prospects of success and the delay before the appeal is heard as outlined in the case of S v Dzawo 1998 (1) ZLR 556(S). These are counter balanced by the interests of the administration of justice and an individual’s right to freedom. See, S v Williams 1980 ZLR 466(A). However, the rules are sterner for a convicted person than those who stands to be convicted as the latter has constitutionally entrenched rights to liberty and to be presumed... More
The appellant was sentenced to 8 years imprisonment with 4 suspended on attached conditions after being convicted of aggravated indecent assault on a minor girl child, in contravention of the main charge, s66(1) (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] following a contested trial. The alternative charge, of indecent assault as defined in s67(1)(a)(i) of the Act was withdrawn by the State before plea with the concurrence of the trial court which acknowledged unnecessary splitting of charges. More
The applicant registered a mining block known as Golden Mile 12 in 1995 with a registration number 23506.The applicant has religiously complied with all the necessary legal and statutory requirements for a valid registration. However, the validity of the registration is disputed, the 2nd respondent alleges that it was forfeited in June 2021.The forfeiture is subject to litigation.The applicant has been in occupation of the mine since 1995.In November 2021 the 1st respondent invaded the mine and advised all the occupants that he was the new owner. The applicant approached the Provincial Mining Director who advised the applicant that his... More
The common cause facts are that the plaintiff was the first person to be offered subdivision 2 Munemi Extension Zvimba, Mashonaland West in 2002. Notably, he is a valid offer letter holder. It is indisputable that there is no evidence of the withdrawal nor the intention to withdraw, let alone communication or proof of communication of the same or the said offer letter that was placed on record. Substantively, the plaintiff’s offer letter is extant. It has also not been challenged that the plaintiff has invested heavily on this piece of property. On the other hand, the 1st defendant, does... More
The accused person was aged 20 years, when he was tried and convicted of 2 counts of rape on a minor girl then aged 9 years, in 2022. He was sentenced to an effective 15 years from a sentence of 18 years with 3 suspended on good behaviour. He is appealing against both conviction and sentence. His grounds of appeal are basically that the court erred in making a finding that there was rape when the medical affidavit could not confirm the same. Further, that the evidence of the complainant was inconsistent as to the place where the rape took... More
