GIBSON CHIMBETETE versus JAMES MASEKA MARAMWIDZE and NOMUHLE SIBANDA

Harare High Court · HH 494-23 · 06 2023

This is an appeal against the judgment of the Magistrates Court in terms of which that court dismissed the appellant’s claim for an order confirming cancellation of the lease agreement between appellant and the respondents and for the ejectment of…

THE STATE versus EMMANUEL MACHOKOTO

Harare High Court · HH 461-23 · 06 2023

The latest addition to the rising statistics involved Emmanuel Machokoto, (hereinafter referred to as “the accused”), who appeared before us charged with the murder of his wife, Mercy Munosunama (“hereinafter referred to as the deceased”) in contravention of s 47…

AUXILLIA MANGWAIRA v THE STATE

Supreme Court · SC-37-25 · 06 2023

R. Mabwe,

THE STATE versus TATENDA MANYANI

Harare High Court · HH 448-23 · 06 2023

On 6 February 2022, Tatenda Manyani a twenty-two year old young man, (herein after referred to as “the accused”), allegedly brutally attacked Emmanuel Choponyera (herein after referred to as “the deceased) at Cornerstone Junior school in Nyatsime Chitungwiza. The accused…

THE STATE versus DZIKAMISAI GWARISA

Masvingo High Court · HMA 19-23 · 06 2023

Some two years ago, specifically on 26 March 2021 I dismissed applicant’s application for bail pending trial. I gave detailed reasons albeit ex-tempore. On 8 June 2023 I received a letter from Mr Mudisi, counsel for applicant requesting written reasons…

EDELINE TRISH MASHIRI versus SIMON SVINURAI

Masvingo High Court · HMA 18-23 · 06 2023

On 12 October 2023 we delivered an ex tempore judgment dismissing the appellant’s appeal and upholding the respondent’s cross appeal with costs. The following are the full reasons informing that decision. We supply them at the instance of the appellant…

LOVEMORE PHIRI versus THE STATE

Chinhoyi High Court · HCC 22-23 · 06 2023

This is an appeal against the decision of the Regional Magistrate Court. It is against both conviction and sentence. The appellant was convicted, in a contested trial of three counts of rape, in terms of s65 of the Criminal Law…

TOTAL ZIMBABWE (PRIVATE) LIMITED Versus DUMISANI NCUBE t/a TOTAL FIFE STREET SERVICE STATION

Bulawayo High Court · HB 100-23 · 06 2023

Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was…

LUCKSON PETROS versus STATE

Chinhoyi High Court · HCC 19-23 · 06 2023

The appellant was convicted on a charge of rape in terms of s65(1)(a) after a contested trial. He was sentenced to fifteen years imprisonment, three suspended with attached conditions and twelve years effective imprisonment. He is appealing against both conviction…

CONSTABLE TABARWA P992540V versus CHIEF SUPERINTENDENT NYONG’O T (The Trial Officer) And COMMISSIONER GENERAL OF POLICE

Masvingo High Court · HMA 15-23 · 06 2023

The following are the reasons informing my decision to dismiss applicant’s quest to have the decision of the 1st respondent set aside on review. The reasons are and provided at the behest of the applicant who has since mounted an…

BROMINE CAPITAL SOLUTIONS (PVT) LTD AND GODFREY NYABVURE AND MESSENGER OF COURT, CHINHOYI

Chinhoyi High Court · HCC 21-23 · 06 2023

The appellant entered into a 20 year lease agreement with the 1st respondent. The lease agreement was for appellant to lease a commercial property known as Marbles Bar and Butchery otherwise known as stand number 13586 Glasglow Road Industrial Sites…

PATRICK RUTSVARA versus THE STATE and MAGISTRATE CHITAU

Harare High Court · HH 480-23 · 06 2023

In this case the applicant was convicted of negligent driving as defined is s 52(2) of the Road Traffic Act [Chapter 13:11] and sentenced, on 2 April 2023, to pay a fine. In addition, he was prohibited from driving classes…

DZIDZAI MARUZANE And TENDAI SINARAVO N.O Versus MINISTER OF LANDS, AGRICULTURE FISHERIES, WATER & RURAL DEVELOPMENT And CHARLES MUNNUNGEYI And TINASHE GOWIN MUKANDI

Masvingo High Court · HMA 17-23 · 06 2023

On 16 January 2023, I gave a brief ex-tempore judgement partially granting the relief sought by the applicant. The respondent has since requested for the full reasons for that decision and what follows are those reasons.

(1) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARYAFFAIRS (2) ATTORNEY GENERAL OF ZIMBABWEv NYASHA CHIRAMBA

Supreme Court · SC68/23 · 06 2023

The first appellant is the Minister of Justice, Legal and Parliamentary Affairs,while the second appellant is the Attorney General.The respondent,Nyasha Chiramba ,is a law student who introduces himself as a firm believer in human rights. Therespondentfiledaconstitutionalapplicationinthecourtaquoforamandamuscompellingtheappellantstocomplywiths106(3)oftheConstitutionofZimbabwe2013 [ “the Constitution”], by…

JAMES TAPOKA And SPENCER MHARADZA Versus THE STATE

Harare High Court · HB-81-23 · 06 2023

This is a bail application pending trial. The applicants are charged with the crime of contravening s 45(1)(a) as read with s 128(1)(a) of Parks and Wildlife Act [Chapter 20:14] as amended by General Laws Amendment No. 5 (148/11) “Hunt…

THE STATE versus ZIVISO NCUBE

Masvingo High Court · HMA 14 -23 · 06 2023

This review matter once again brings to the fore the often vexed question of what amounts special reasons for one to escape the mandatory minimum sentence prescribed for theft of bovine beasts. The brief facts of this matter are the…

MICHAEL MAMINA And CAFCA LIMITED

Labour Court · LC-H-239-24 · 06 2023

The applicant was dismissed from the respondent’s employ on 8th December 2020. He appealed internally. His appeal failed and he was advised of this on 18th December 2020.On 30th December 2020 he filed a notice of appeal with this Court.…

MINISTER OF PRIMARY AND SECONDARY EDUCATION AND PUBLIC SERVICE COMMISSION VERSUS LOVEMORE MUHEHI

Labour Court · LC-H-172-2023 · 06 2023

Applicants applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01` as read with Rule 43 of the Labour Court Rules S.I. 150/17. Respondent opposed the application.

1. THE STATE versus ANESU PATRICK PENSULA [CRB MV 729/22] 2. THE STATE versus ANESU PATRICK PENSULA [CRB MV 147/23]

Masvingo High Court · HMA16-23 · 06 2023

This review judgement has been necessitated by the apparent conflation of the provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] and the Children’s Act [Chapter 5:06] exhibited by the learned trial magistrate in sentencing a juvenile offender.

VENGAI CHIROVAPASI versus STATE

Chinhoyi High Court · HCC 20-23 · 06 2023

The facts as borne by the state outline, are that the accused person in the company of his co-accused who did not tender a guilty plea resulting in the separation of trial and the complainant are related. The trio had…