Court Judgements




High Court of Mutare Judgements

CHARLES CHIROZVI AND NICKSON MAREYA VERSUS THE STATE (2020-03-28)
Charles Chirozvi and Nickson Mareya were jointly charged with Tinashe Chinhango before the Provincial Magistrate sitting at Mutare facing Robbery as defined in s 126 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It was alleged that on 29 November 2018 at Chikanga 2 Mutare, near sports field accused took property that is a G-tel A728xP2 model cell phone and cash $2-00 from Bokang Mukwena by forcefully pushing him to the ground and hitting him with a stone on the forehead and kicking him on the ribs several times intending to induce Bokang Mukwena to relinquish his... More

CHARLES CHIWAYA APPLICANT VERSUS CEASER JULIOUS MANYUNYI 1ST RESPONDENT AND NATHAN MUNYUNYI 2ND RESPONDENT AND ZRP (SUPERITENDENT) MAKAVANGA 3RD RESPONDENT AND ZNA (LIEUTENANT COLONEL) M. FANA 4TH RESPONDENT AND THE COMMISSIONER GENERAL OF POLICE 5TH RESPONDENT AND THE COMMANDER ZIMBABWE NATIONAL ARMY 6THRESPONDENT (2022-02-24)
The facts appear in applicant’s founding affidavit. Applicant occupied a piece of communal land in Chibvembe Village, Chief Katerere in Nyanga in 2004. He established a homestead, cattle pens and temporary structures. He is not an illegal miner nor an illegal occupier. However his homestead is surrounded by mining claims, Chisero Mining Syndicate is located at a distance of 500m from his homestead. The record shows a history of court cases brought against the applicant however among all those papers is no extant order against the applicant. On 8 February 2022 a group of police details, members of the army... More

CHARLES FAIRA VERSUS THE STATE (2020-01-22)
On 22 January 2020 we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow; these are they. On 15 July 2019 the appellant was convicted and sentenced to 10 years imprisonment for contravening s 89 (4) (b) of the Post and Telecommunication Act [Chapter 12:05], it being alleged that on 6 December 2018 and near PG Safety Glass Workshop, along Vhumba Road, Mutare, appellant without lawful cause cut and stole 20:06 kilogrammes of underground telecommunications line belonging to or used by a communication licence holder, secondly appellant was also convicted and sentenced to... More

CHARLES SANDAWARE VERSUS THE STATE (2019-11-07)
On 26 May 2016, appellant was arraigned at the Regional Court sitting at Rusape facing Rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on the date unknown to the prosecutor but during the month of April 2016 and at Chizunza Village, Chief Makoni, Rusape, appellant unlawfully and knowingly had sexual intercourse with Talent Makolo, a female juvenile, aged 11 years, once without her consent or realising that there is a real risk or possibility that she may not have consented to it. More

CHENESO MUVANDI VERSUS CITY OF MUTARE AND MATIVENGA LLOYD MHISHI N.O (IN HIS OFFICIAL CAPACITY AS THE EXECUTOR OF THE ESTATE LATE WASHINGTON JEKANYIKA) (2020-01-27)
On 20 July 2016 Clayhill Trading (Private Limited entered into an agreement of sale of a piece of land, namely Stand No. 11234 Darlington Extension, Mutare Township, measuring 1, 1759 hectares, with applicant and her late husband Washington Jekanyika. The purchase price was US$62 000-00. Clause 3 of the agreement of sale stipulated the payment plan: US$20 000-00 was payable against the signing of the agreement, US$20 000-00 was payable 3 weeks after the signing of cession papers. The balance of US$22 000-00 was going to be liquidated through monthly instalments of US$4, 000-00 commencing 30 September 2016. More


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