Court Judgements




High Court of Mutare Judgements

EMMANUEL JAMES RENSBURG AND KENNEDY NGIRAZI AND NAN JIANG MINE (PRIVATE) LIMITED AND MEGAMANIA AUCTIONEERS AND SHERRIFF OF THE HIGH COURT N.O (2020-07-23)
The brief synopsis of the matter are spelt out by the letter written to the Registrar by the fourth Respondent and the events unfolded thus: 1. The Sheriff was instructed by Messrs Chihambakwe, Mutizwa and Partners Legal Practitioners representing Zimbabwe Electricity Transmission and Distribution Company (ZETDC) to execute a court order under case No. 5641/17 to recover a judgment debt of $28284.50, interest and costs including the Sheriffs costs of $180 against Nan Jiang Mine, the second Respondent herein. 2. Attachment of goods was done on 5 of June 2019. 3. The Sheriff received instructions to stay execution from Chihambakwe... More

EMMANUEL JAMES RENSBURG VERSUS KENNEDY NGIRAZI AND NAN JIANG MINE (PRIVATE) LIMITED AND MEGAMANIA AUCTIONEERS AND THE HIGH COURT SHERIFF (N.O.) (2021-04-01)
This is a Court Application for leave to execute pending appeal where the Applicant is praying for the following relief: IT IS ORDERED THAT: 1. The application for Execution of the Order under HC 40/20 dated 23 July 2020 pending the determination of SC 333/20 is hereby granted. 2. The Fourth Respondent is granted leave to give effect to the Writ of Delivery of Movables lodged on 27 July 2020 under case HC 40/20. 3. During the pendency of SC 333/20 the Applicant is temporarily interdicted from disposing of Cat Caterpillar Dump Truck 769C. 4. The First and Second Respondents... More

ENOCK PANGANAI VERSUS THE STATE (2019-06-20)
On 20 December 2018, the appellant appeared before the Provincial Magistrate Mutare facing Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 1 August 2018 and at Zimunya Business Centre, Mutare, the appellant and other unknown accomplices all and each one or more of them unlawfully pulled Ronald Mhlanga to the ground, hit him with a metal object on the neck forcibly grabbed his neck in order to steal Ronald Mhlanga’s black shoes, solar light, sun hat and $13.50. He pleaded not guilty but was convicted after a... More

FARAI EVANS MUKORERA VERSUS THE STATE (2022-07-27)
The appellant was arraigned before the Magistrate’s Court charged with 4 counts as follows: “Contravening s 60 A(3)(a)(b) of the Electricity Act [Chapter 13:19] (four counts) ‘tempering, transmitting, distribution or supplying electricity with the result that any supply of electricity is interrupted or cut off, damages, destroys with any apparatus for generating, transmitting, distributing or supplying electricity.’ Count 1 In that on the 10th day of May 2017 and at Zesa Substation 33, near number 140 Second Street, Mutare, Farai Evans Mukorera without lawful excuse tampers with apparatus for generating, transmitting, distributing or supplying electricity that is to say accused... More

FARAI MANICHE AND THE STATE (2020-11-26)
This is an appeal against refusal of bail pending appeal filed in terms of s 121 (2) (b) of the Criminal Procedure and Evidence Act [Chapter 9:07 On 12 October 2020 the appellant was convicted at Nyanga Magistrate Court for contravening s 368 (1) as read with s 368 (4) of the Mines and Minerals Act after a plea of guilty. He was sentenced to the mandatory sentence of 2 years imprisonment. On 15 October 2020 he filed a Notice of Appeal against conviction where in principle the appellant contended that the court a quo failed to sufficiently explain the... More


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