Court Judgements




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ARTHUR CHIKUKWA V THE STATE (2019-10-24)
This is an appeal against the whole judgment of the High Court dated 3 October 2016. After hearing argument in the matter, we allowed the appeal and made the following order: 1. The appeal be and is hereby allowed. 2. The judgment of the court a quo is set aside and is substituted with the following, “The accused is found not guilty and is discharged.” More

ARTWELL DUBE VERSUS THE STATE (2019-11-21)
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo, facing 2 counts of rape in contravention of Section 65 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23) on the 27th February 2018. It was alleged by the state that on unspecified dates, but on two separate occasions during the month of May 2017, the appellant allegedly raped the complainant a 13 year old juvenile at knife point. Appellant pleaded guilty to the charge. After a full trial appellant was convicted on both counts and sentenced to an effective prison term of 7 years. Appellant filed and... More

ASSA CHIMERI AND PARTSON CHAMISA AND TIMOTHY NDLOVU AND NELSON MUKWEBO AND TARIRO LIZZY CHAMISA AND SITHEMBILE MUTHAKHATHI AND SARUDZAI MUKWEBO AND SITHOKOZILE NDLOVU AND CHETENI NDARIMANI AND RUTH CHIDANHIKA AND SYNDEY MAKUNI AND ISSAC MAGURAISHE VERSUS DEPUTY SHERIFF N.O AND REV RICHARD JOHN SIBANDA AND THE APOSTOLIC FAITH MISSION OF PORTLAND, OREGON (SOUTHERN AFRICAN HEADQUARTERS) INC AND ONIYAS GUMBO AND KWAZISO BOSHA AND JAMESON NKIWANE (2019-09-19)
In this matter I was phoned just before midnight on 29 June 2019, it having been filed as an urgent chamber applicant. I got to the High Court at 0012 hours on Sunday 30 June 2019. I found some of the applicants present in the company of their legal practitioner, Ms Sauramba. I sat out to read the bulky application as well as listen to representations from Ms Sauramba on behalf of the applicants. I was in my chambers until well after 4am. I decided that the matter would be set down for a hearing whereupon the other parties would... More

ASSISTANT INSPECTOR MBWEMBWE D. O53020E (2) CONSTABLE BANDA D. 076625M (3) CONSTABLE MLAMBO D. 72064E (4) SERGEANT SITHOLE 046373V V (1) THE TRIAL OFFICER (CHIEF SUPERINTENDENT MKANDLA) (2) THE COMMISSIONER GENERAL OF POLICE (2019-09-19)
The appellants are all members of the Zimbabwe Republic Police. They were discharged from the Police Force following disciplinary proceedings in terms of the Police Act [Chapter 11:10]. The facts leading to their dismissal from the police force are by and large common cause. More

AUBE MUSANHU FAMILY TRUST VERSUS CHIPO MUNGUMA (2019-05-15)
This is an urgent chamber application. It pits, on the one side, one George Musanhu (“George”) fronting a trust formed by himself, the Aube Musanhu Family Trust (“the Trust”), which is cited as the applicant. On the other side is one Chipo Munguma (“Chipo”). What is sought is spoliation. Through George the Trust says it has been despoiled of a certain sugar cane farm in Chiredzi, namely Subdivision 5 of Farm 7 and 8 Hippo Valley, one of those resettlement farms by Government under its land reform programme. More

BACNET TRADING (PRIVATE) LIMITED V (1) NETONE CELLULAR (PRIVATE) LIMITED (2) MINISTER OF PUBLIC WORKS AND NATIONAL HOUSING (3) REGISTRAR OF DEEDS (2019-02-22)
This appeal was heard on 31 March 2017. At the conclusion of submissions by counsel this Court issued the following order: “Having considered submissions by counsel, we are of the unanimous view that this is a proper case for remittal to the court a quo. Accordingly we order as follows: 1. The appeal is allowed with costs. 2. The judgment of the court a quo is set aside. 3. The matter is remitted to the High Court for a determination of the merits by a different judge. 4. The reasons for this order will be made available on request by... More

BANKERS ASSOCIATION OF ZIMBABWE V (1) BANKING AND FINANCE MANAGERS UNION OF ZIMBABWE (2) THE REGISTRAR OF LABOUR (2019-02-26)
This is an appeal against the decision of the Labour Court dismissing an appeal against the determination of the second respondent, the Registrar of Labour, to register the first respondent as a trade union. The appellant is an organisation of bankers, while the first respondent was formed to represent the interests of managerial employees in the banking, finance and allied industry. More


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