Court Judgements
The applicants appeared before a Magistrate at Nyanga on 18 February 2011 facing charges of public violence as defined in Section 36 of the Criminal Law [Codification and Reform] Act, [Chapter 9:23]. The applicants were legally represented. At the hearing the applicants raised a number of complaints regarding the manner of their arrest. The matter was thereafter postponed on a number of occasions to enable the Court to deal with the various issues raised. On a date that is unclear on the record but in May 2011, the applicants, without giving notice to the prosecution, applied to the magistrate for... More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. Applicant intends to appeal to the Supreme Court against part of the Labour Court decision which quantified what was due to the estate of the late Dikinya who was unlawfully dismissed by ZIMNAT on allegations of misconduct. Applicant is however out of time by 14 days to make the leave application hence the instant condonation application. The condonation application is opposed by ZIMNAT. More
The applicant has been charged with contravening section 113 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23), theft of motor vehicle. The applicant denies the charges. He has filed an application for bail pending trial and avers that he is a “perfect” candidate for bail. The motor vehicle which is the subject of the charge was stolen and driven away from Nobert Hungwe’s residence at number 560 Medium Density Area, Plumtree on 6th October 2018. The motor vehicle, a Honda Fit, was recovered in Harare’s Epworth area in the custody of a panel beater one Nhamo Chifombe.... More
DOUGLAS MACHIVENYIKA APPLICANT AND COLCOM FOODS LIMITED T/A RESPONDENT TRIPPLE “C” PIGS (2016-08-19)
Applicant alleges that he was employed by the respondent from 1988 and was promoted to the post of Unit Supervisor with effect from 1 May 1998. Applicant further avers that at one time during the course of employment he suffered from mental illness and had to be absent from work. He further states that when he reported for duty he was assigned to work in a different unit. Applicant further submitted that he was later told to go home and would be called by the respondent. It was stated that despite having reported for duty, respondent continually turned him away... More
This matter was set down for the purposes of hearing argument on an application for condonation of late noting of an appeal. The parties did not file heads of argument as required by the Rules of this Court – Statutory Instrument 59/2006 (Rule 19). When parties appeared I enquired as to why heads not been filed. More
In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
The background to this matter is that the appellant appeared before the magistrate at Harare on initial remand on 12 October, 2020. He was co-charged with an accomplice, one, Carrington Marasha. The two were facing allegations that they committed two counts of the offence of “Armed robbery” as defined in s 126 of the Criminal Law (Codification and Reform Act, [Chapter 9:23]. I should pause briefly to observe that there is no offence in the Criminal Law (Codification and Reform) Act called “Armed Robbery”. More
