THE STATE Versus NKOSILATHI KHULUZA MATHEMA And TIMOTHY MDUDUZI DUBE And NKOSILATHI NYATHI And DERIES MABALEKA

Bulawayo High Court · HB 175-19 · 07 2019

The 3 accused persons (originally 4) are facing a charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23. The state adduced oral evidence from five (5) witnesses. The deceased was Emmanuel…

UBUNTU BETHU MINING (PVT) LTD Versus A B J ENGINEERING (PVT) LTD

Bulawayo High Court · HB122-19 · 07 2019

In this matter, plaintiff issued summons on 15 September 2017 where it claimed: (a) The refund of the US$21 700 being the balance of the purchase price for a stamp mill which the parties agreed that defendant would refund to…

THE STATE Versus TASHINGA RUFARO EDWARD MUSONZA

Bulawayo High Court · HB 172-19 · 07 2019

The accused person faces a charge of murder, it being alleged that on the 26th November 2018, in Gweru, he unlawfully caused the death of Lucy Duve by striking her with an unknown object on the head and also used…

THE STATE vs PINANA MANENJI

Masvingo High Court · HMA 30-19 · 07 2019

The 22-year-old accused and the 33-year-old now deceased were persons well known to each other very well. They hailed from the same area together with accused’s alleged accomplice one Goddie Zvenyika (Goddie) and the now deceased’s friend Calton Zhou. Another…

MQHELE NDLOVU Versus MAGADALENI SIBANDA And REGISTRAR OF DEEDS, BULAWAYO, NO

Bulawayo High Court · HB 108-19 · 07 2019

: On 22 March 2016, and after reading the documents filed of record and hearing arguments from Mr Z C Ncube (for the applicant) and Mr K Sibanda (for the first respondent), I made the following determination: “IT IS ORDERED…

SHINGIRAI VAMBE versus RUSAPE TOWN COUNCIL

High Court of Mutare · HMT 53-19 · 07 2019

Appellant instituted summons at Rusape Magistrate Court claiming $5000-00 from the respondent being general damages arising from the alleged unlawful destruction of appellant’s temporary structure constructed at No 7688 without a valid court order as well as for harassing appellant’s…

CHIVHARANGE PADDINGTON TONGI versus THE STATE

High Court of Mutare · HMT 54-19 · 07 2019

The appellant was convicted on his own plea of guilty to a charge of negligent driving as defined in s 52 (2) (a) of the Road Traffic Act [Chapter 13:11]. The appellant who was driving a Toyota Ipsum was alleged…

ANESU MAFOKOSHO versus THE STATE

High Court of Mutare · HMT 56-19 · 07 2019

On 14 February 2019 I dismissed a bail application filed by the applicant outlining the reasons for such a disposition. The applicant has by letter dated 2 July 2019 requested for the written reasons for my disposition. These are they.

NYASHA MUNGWASHU versus THE STATE

High Court of Mutare · HMT 57-19 · 07 2019

The appellant was arraigned before the court a quo on a charge of obstructing or endangering the free movement of persons or traffic as defined in a 38(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state’s…

TAMBUDZE TANNING LIMITED versus SHERIFF OF THE HIGH COURT (GWERU) and VUSANI GRAY DIAMOND SIBANDA and VICTOR SIPONDO

Masvingo High Court · HMA 31-19 · 07 2019

This was an urgent chamber application. On 29 January 2019 I granted the provisional order sought, albeit with slight modifications. But on 14 March 2019 I rescinded that ordermero motu. In between I had come to realise that there had…

ROBERT MORLEY TINDWA v ZB BANK LTD

Supreme Court · SC 3-19 · 07 2019

This is an appeal against the entire judgment of the High Court sitting at Harare dated 25 November 2015. The bulk of the facts are by and large common cause. The undisputed facts are that the appellant at all material…

TARISAYI ZIYAMBE vs THE STATE

Masvingo High Court · HMA 29-19 · 07 2019

The appellant appeals against both his conviction and sentence. In count 1 the appellant was convicted of contravening section 67(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Code) which relates to indecent assault. He was…

REFIAS MASUNA v THE STATE

Supreme Court · SC98-19 · 07 2019

After hearing submissions from counsel, this Court made the following order:- “(1) The appeal against conviction and sentence succeeds. (2) The conviction and sentence are both set aside. (3) The appellant is to be released from custody with immediate effect.…

THE STATE versus GEDION SENYANI DHLIWAYO

High Court of Mutare · HMT 60-19 · 07 2019

The accused pleaded not guilty to a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 1 February 2018 and at Plot…

FREDDY CHIMBARI N. O. v (1) JULIANA DUBE nee KUNYARIMWE (2) JONATHAN KUNYARIMWE (3) THE MASTER OF THE HIGH COURT (4) TENDAI PHINEAS NYAGWANDE (5) EDNA ZIVAI NYAGWANDE

Supreme Court · SC 41-20 · 07 2019

This is an appeal against the judgment of the High Court, granted on 20 December 2018, confirming a provisional order granted by that court on 24 October 2017. The effect of the judgment was to set aside the sale and…

THE STATE Versus BONGANI WILLARD DUBE

Bulawayo High Court · HB 119-19 · 07 2019

The accused is facing a charge of murder as defined in section 47 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. It was the state case that the accused was 33 years old whilst the deceased…

DAVID VICTORIA KILPIN Versus THEMBA NLEYA and THE SHERIFF OF THE HIGH COURT, BULAWAYO (NO) And THE REGISTRAR OF DEEDS, BULAWAYO (NO)

Bulawayo High Court · HB 107-19 · 07 2019

This is an urgent chamber application for the upliftmentof caveats. The application is opposed. The relief sought by the applicant is in the following terms: “Interim Relief Granted Pending the return day, this provisional order shall serve as an interim…

PETER MAGARACHA a.k.a. PETER GODFRES MAGARACHA Versus LOBENGULA SECONDARY SCHOOL DEVELOPMENT ASSOCIATION AND THE ADDITIONAL SHERIFF, BULAWAYO NO

Bulawayo High Court · HB 117-19 · 07 2019

This matter came initially as a chamber application for an order “postponing or suspending a sale in execution in terms of Order 40 Rule 348A of the High Court Rules 1971. The execution debtor (applicant) sought the following relief: “It…

BARZEM ENTERPRISES (PRIVATE) LIMITED v (1) GOLDEN PENDUKA (2) TENDAI NYATSANGA (3) BEN ZINDOGA (4) MUPANGANI FAITH N.O.

Supreme Court · SC 60-19 · 07 2019

This is an appeal against the whole judgment of the Labour Court, handed down on 25 August 2017, confirming a ruling by the fourth respondent, a labour officer that the termination of the employment of the first to third respondents…

TINEYI TAVENGWA And THE STATE

Masvingo High Court · HMA 28-19 · 07 2019

The applicant was convicted of one count of robbery as defined in section 126(1)(a) of Criminal Law (Codification and Reform) Act, [Chapter 9:23] by a Regional Magistrate sitting at Chinhoyi. On 20th May 2019 he was sentenced to 7 years…