Court Judgements
On 31 October 2018, in Case No. HC 6622/17, the High Court granted the main claim sought by the respondent less the agreed amount against its claim to the appellant, and dismissed the appellant’s counterclaim. In this appeal, the appellant seeks a reversal of that order and its substitution by the relief embodied in the counterclaim. More
This is an application for leave to execute a judgment of this court pending the hearing of an appeal before the Supreme Court. The application has been filed under a certificate of urgency. The application is opposed by the applicant.
Brief background.
On 21 March 2019, the Honourable MOYO J, handed down judgment under case number HB-37-19. In that matter the learned judge confirmed a provisional order granted on 14 June 2018. It was the view of the court that the notice of opposition and opposing affidavit were not properly before the court. Further the deponent to the opposing affidavit... More
The appellant was on his own plea of guilty, convicted by the magistrate sitting at Chinhoyi, of stock theft as defined in s 114(2) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The court made a finding that there were special circumstances in the matter and sentenced the appellant to 4 years imprisonment of which 1 year imprisonment was conditionally suspended. More
This is an appeal against the decision of the Appeals Committee dated 5 March 2019. The Appellant was found guilty of breaching Section E11 Category 5 offence number 2 i.e. “any conduct or omission inconsistent with the fulfilment, the express or implied conditions of his/her employment”. He was found guilty and dismissed from employment. More
1. This is an appeal against the decision of a magistrate court refusing to release appellants on bail pending their trial on a charge of contravening section 136 of the Criminal Law [Codification and Reform] Act Chapter 9:23. It being alleged that in the company of an accomplice they designed a plan to defraud complainant by falsely advising him that there was a residential stand for sale in Matsheumhlope, Bulawayo. Acting on such misrepresentation complainant paid appellants US$10 000.00, and nothing has been recovered. More
This is an urgent application for an order staying certain unterminated criminal proceedings against the applicants. The proceedings are underway before the first respondent, a Regional Magistrate. The applicants seek to stay the proceedings pending determination of two applications that they filed with this Court for direct access. If successful in the applications for direct access, the applicants intend to file an application in terms of s 85(1) of the Constitution, allegedly for the enforcement of their fundamental rights and or freedoms. More
MAKONESE J: On the 31st of May 2020 and at around 20:30 hours the accused and the deceased were drinking home brewed beer at accused’s homestead. A misunderstanding arose between the two over who was older than the other. The argument degenerated into a fight. Deceased threw a wooden stool at the accused hitting him on the head and face. Deceased ran away. Accused sustained some bruises on the forehead and chest. The accused gave chase and caught up with the deceased. Accused assaulted the deceased several times all over the More
