ZIMBABWE REVENUE AUTHORITY v CONWAL CHEMICALS STATIONERY & HARDWARE

Supreme Court · SC 33/2022 · 09 2021

In its objection before the Commissioner the respondent sought the setting aside of the Income Tax Act assessment’s made by the Commissioner. It also sought the setting aside of the penalties imposed by the appellant. In its grounds of appeal…

TICHAONA SODA versus THE STATE

Harare High Court · HH 521-21 · 09 2021

On 9 October 2020, I granted the applicant’s application for bail based on changed circumstances. Not satisfied with my order, the State requested that I supply my reasons for granting bail. I now provide the reasons. The background to this…

ESTATE LATE GODFREY HAVATITYE SIGOBODHLA and TERTTU ELISABET SIGOBODHLA versus TAKAWIRA CHAWONZA and MINISTER OF LANDS AGRICULTURE FISHERIES WATER AND RURAL RESETTLEMENT

Harare High Court · HH 515-21 · 09 2021

This is an urgent chamber application for a spoliation order made by the second applicant in her capacity as the surviving spouse and executrix dative of her late husband, Godfrey Havatitye Sigobodhla and in her own personal capacity. The first…

THE STATE Versus MXOLISI NKOMO

Bulawayo High Court · HB174-21 · 09 2021

MAKONESE J: The accused is facing one count of murder in aggravating circumstances as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged that on 9th October 2019 at Polite Nkomo’s…

DORCAS DOROTHY DERI And ELIZABETH NYASHA DERI versus THE STATE

Harare High Court · HH 511-21 · 09 2021

the 25th of August 2021, I dismissed the appeals lodged by the appellants in this case against refusal of bail. My finding was that there was no misdirection on the part of the court a quo. The appellants have requested…

THE STATE Versus MANDLA MOYO

Bulawayo High Court · HB177-21 · 09 2021

MAKONESE J: The accused is charged with murder in contravention of section 47 of the Criminal Law (Codification & Reform) Act (Chapter 9:23). It being alleged that on the 11th of July 2020 and at house number 1261 Old Luveve,…

WITCLIFF MUGANHU V THE STATE

Supreme Court · SC 94-21 · 09 2021

BHUNU JA: The appellant was convicted by the Harare Regional Magistrates Court of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 18 years’ imprisonment of which 6 years…

HENRY REZA versus THE STATE

Harare High Court · HH 507-21 · 09 2021

I dismissed this application for bail pending appeal No. CA 825/19 on 24 March 2020. I have been requested by the applicant to provide a fully clothed judgment incorporating the reasons for the dismissal of the application. These are they.…

PENNIWILL (PVT) LTD versus THE TRUSTEES FOR THE TIME BEING OF GABRIEL AND ANGELS TRUST and NOBERT MAVUNGA and CYNTHIA SITHOLE and TANAKA SITHOLE and CECIL KACHAMBWA and JOICE POUND and EDITHA INVESTMENTS (PVT) LTD and THE SHERIFF OF HIGH COURT OF ZIMBABWE NO.

Harare High Court · HH 505-21 · 09 2021

This is a chamber application for a provisional order, wherein the applicant seeks a temporary interdict restraining the 1st to 6th respondents from infringing upon its property rights. Reference to the respondents in this judgment will exclude the 7th and…

FREDDY DOWA versus THE STATE

Harare High Court · HH 499-21 · 09 2021

Applicant was charged with two counts of Unlawful Entry in aggravating circumstances and was convicted of both counts despite pleading not guilty. The complainants in both counts are residents of the same neighbourhood and their premises were broken into the…

BERLIN DOMBODZVUKU versus THE STATE

Harare High Court · HH 498-21 · 09 2021

Appellant Berlin Dombodzvuku, a member of the Zimbabwe Republic Police forces Charges of unlawful possession 143.95 kg of dagga in contravention of s 57(i)(a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. He applied for bail pending trial…

DAVISON MAJARI versus THE STATE

Harare High Court · HH 496-21 · 09 2021

The appellant is charged with 5 counts of theft from motor vehicle allegations which he is alleged to have committed with 3 others two of whom are still at large. Appellant was placed on remand on the 9th July 2021…

DUMISANI SIBANDA And C. GAUCHE (PVT) N.O. Versus CHIEF NDLOVU And ROY NDLOVU And DAVID MLAUZI And NKULULEKO NDLOVU And FLAROLE INVESTMENTS (PVT) LTD N.O. And THE MESSENGER OF COURT N.O.

Bulawayo High Court · HB172-21 · 09 2021

MOYO J: This is an urgent chamber application wherein the applicants seek an order for spoliation wherein it is alleged that they were despoiled by the respondents. In specific terms applicants seek an order restoring to them possession of 103…

FRANCIS NZVENGA versus THE STATE

High Court of Mutare · HMT 56-21 · 09 2021

Appellant appeared before a magistrate sitting at Mutare charged with the offence of contravening Section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (having sexual intercourse with a young person.) The summary jurisdiction reflects that appellant was…

LOVEMORE MBOFANA and MIKE CHIMENDE and GIFT CHITANYURE and SAMUEL SOKIRE and NETSAI SOKIRE and BATSIRAI CHIHWA and BLESSING TEMBA and MOSES CHIMUPENI and RICHARD TEMBA and GARIKAI KAMUTOTORA and ITAI NGONERA and TICHAONA MUTSATSA and CHARLES NGONERA and TATANDA CHIWAKA versus THE STATE

Harare High Court · HH 524-21 · 09 2021

In practice a judicial officer should resist the temptation to render a decision without satisfying himself or herself that such order is legally competent. This is particularly important in the magistrates court because magistrates court and magistrates do not have…

NORMAN GANDIDZANWA versus THE STATE

Harare High Court · HH 509-21 · 09 2021

The applicant was convicted by the regional magistrate at Harare on 15 March 2017 on two counts of attempted armed robbery “as defined in s 189 as read with s 126 of the Criminal Law (Codification & Reform) Act [Chapter…

THE STATE versus TINOTENDA NYAMHUNGA

Harare High Court · HH 508-21 · 09 2021

This record of proceedings was subject of scrutiny by the Acting Regional Magistrate, Northern Division, Marondera. The scrutinizing regional magistrate considered that the trial magistrate had misdirected himself in imposing sentence in that he imposed a fine which was way…

GOLDEN SANDI versus THE STATE

Harare High Court · HH 503-21 · 09 2021

The applicant applies for condonation of late noting of appeal and extension of time to note the appeal if condonation be granted. The background to the application is set out below. The applicant was charged with the offence of Murder…

RIO ZIM LIMITED versus MINISTER OF DEFENCE AND WAR VETERANS AFFAIRS (N.O) and MINISTER OF MINES AND MINING DEVELOPMENT

Harare High Court · HH 500-21 · 09 2021

Darwendale 1730 DI Edition 2, held at the office of the Surveyor-General, Harare. The land being Darwendale North Farm bounded on the North by Abercorn on the east by Greenside ranch, on the south and south west by Darwendale A…

NORTON TOWN COUNCIL versus THE STATE and PRESIDING REGIONAL MAGISTRATE, HOSEA MUJAYA N.O. and CHRIST CITADEL INTERNATIONAL CHURCH (Represented by LINDANI NDABA)

Harare High Court · HH 497-21 · 09 2021

This is an application for review seeking to set aside the decision by the 2nd respondent dismissing applicant’s application for discharge at the close of the State case and putting applicant to its defence.