THE STATE versus MOSES NCUBE and WALTER MOYO

High Court of Bulawayo · HB 55/19 · 04 2019

The two accused persons are charged with the crime of murder in contravention of section 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in circumstances that would like be best described as “murder in the course of…

THE STATE versus ELIJAH NDEBELE and NKOSINATHI MASUKU

High Court of Bulawayo · HB 48/19 · 04 2019

The facts of this case are melo-dramatic. They are as follows; On the 16th day of May 2016 at around 0900 hours the complainant’s herdboy penned off 25 herds of cattle to a grazing area in Zhulube, Filabusi. On the…

THE STATE versus TATENDA MUSHAYI

High Court of Bulawayo · HB 47/19 · 04 2019

The trial court erroneously caused the prosecution of a 12 year old juvenile without the Prosecutor General’s authority in terms of section 231 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The section provides: “231. Prosecutor-General to authorize…

GWANDA RURAL DISTRICT COUNCIL versus MOTSAMAI (PVT) LTD t/a TULI LIMPOMPO and THE OFFICER-IN-CHARGE, ZRP GWANDA and NATIONAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY

Bulawayo High Court · HB 46/19 · 04 2019

This matter came as an urgent chamber application. In a 66 page application, applicant in short/simpler terms averred that it and 1st respondent entered into a Joint Venture Agreement (J.V.A.) for the purpose of operating a safari business among other…

SHEILLAH CHIRONGOMA (NEE KUNAKA) Versus FARAI CHIRONGOMA

High Court of Bulawayo · HB 45/19 · 04 2019

Plaintiff issued summons claiming against the defendant a decree of divorce and ancillary relief. The parties were married on the 21st of December 1990 in terms of the Marriage Act (Chapter 5:11) and the same still subsists. During the subsistence…

(1) MUSA MENK (2) SHABIR AHMED MENK (3) ISMAIL MUSA MENK v (1) IBRAHIM MUSA ASMAL MATERIA (2) RASHID AHMED MATERIA (3) ZAKARIYYA MATERIA

Supreme Court · SC 36-19 · 04 2019

This is an appeal against the entire judgment of the High Court of Zimbabwe sitting at Harare handed down on 16 November 2016 in which the following order was granted: 1. “That it be and is hereby declared that the…

THE STATE v WILLARD CHOKURAMBA JUSTICE FOR CHILDREN’S TRUST INTERVENING AS AMICUS CURIAE ZIMBABWE LAWYERS FOR HUMAN RIGHTS INTERVENING AS AMICUS CURIAE

Constitutional Court of Zimbabwe · CCZ10-2019 · 04 2019

The constitutional matter before the Constitutional Court (“the Court”) for determination is whether s 353 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the Act”) is constitutionally invalid. The section authorises the imposition of a sentence of moderate corporal…

SHINGIRAI PHILIP KATSANDE v ANGELINA KATSANDE (NEE NYAHEMWA)

Supreme Court · SC 40-19 · 04 2019

This is a chamber application for the condonation of non-compliance with the Rules of this Court and for an extension of time within which to note an appeal against the judgment of the High Court in Case No. HC 5315/07,…

WEST NICHOLSON YOUTH MINING ASSOCIATION Versus MPUMELELO NYONI AND FOSTINA SITHOLE AND PAUL GWANANGARA AND NATSAI FAITH NCUBE AND JOSEPHAT CHIHEYA AND ARNOLD NOYO AND SIPHO MOYO AND FARVIC CONSOLIDATED MINES (PVT) LTD AND TICHAONA MAKAZA N.O (In his capacity as THE PROVINCIAL MINING DIRECTOR MATABELELAND SOUTH N.O)

Bulawayo High Court · HB 13-20 · 04 2019

On the 8th of March 2019 a chamber application for dismissal for want of prosecution was placed before me. I granted the order on 2nd April 2019. I have been requested to provide reasons for the decision. These are my…

DIDYMUS MUTASA (2) TEMBA MLISWA Versus (1) THE SPEAKER OF THE NATIONAL ASSEMBLY (2) THE PRESIDENT OF ZIMBABWE (3) CHAIRPERSON ZIMBABWE ELECTORAL COMMISSION

Constitutional Court of Zimbabwe · CCZ- 18-2019 · 04 2019

After perusing documents filed of record and hearing counsel, the unanimous decision of the Constitutional Court (“the Court”) was that the matter be dismissed with costs. The Court indicated that reasons for the decision would be given in due course.

THE STATE versus LUKE MUPFUMWA

High Court of Mutare · HMT 28-19 · 03 2019

The accused was arraigned before the court on a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that on 19 June 2017 and…

FIRINE TRUST and VALERIE INGHAM -THORPE and BRIAN DESMOND CROZIER versus ZIMBABWE BROADCASTING CORPORATION and ZIMBABWE NEWSPAPERS (1980) LIMITED and ZIMBABWE ELECTORAL COMMISSION and ZIMBABWE MEDIA COMMISSION and BROADCASTING AUTHORITY OF ZIMBABWE

Masvingo High Court · HMA 23-19 · 03 2019

The first applicant is a trust. It is better known by its operating name Veritas. It is active in the field of human rights, the promotion of rule of law and the promotion of constitutionalism in Zimbabwe. The second and…

MHLANGA MXOLISI vs MINISTRY OF PRIMARY AND SECONDARY EDUCATION

Supreme Court · SC 35-19 · 03 2019

This is an appeal against the whole judgment of the Labour Court sitting at Bulawayo, handed down on 4 March 2015.

THELMA NOKUTHABA ZIKHALI Versus ARNOLD BAMBA NCUBE

Bulawayo High Court · HB 44/19 · 03 2019

This is a vindicatory action by the plaintiff who seeks to vindicate her house from defendant who is in occupation without her consent. After hearing all the evidence I granted the following order. “Judgment be entered for the plaintiff against…

TINASHE TADZIWANI Versus THE STATE

High Court of Bulawayo · HB 43/19 · 03 2019

This is the 3rd bail application the applicant has filed. He was unsuccessful in the first two and has decided to try his luck one more time. The application is made on the basis that there has been “a change…

NTANDOYENKOSI NDLOVU versus VIMBAI MANEMO

High Court of Bulawayo · HB 41/19 · 03 2019

In this matter plaintiff issued summons claiming the following:An order for the payment of the sum of $25000-00 by the defendant to the plaintiff the same being in respect of monies loaned and advanced to defendant by plaintiff at defendant’s…

SIHLESENKOSI NDLOVU (nee MASUKU) versus TIGHT NDLOVU

Bulawayo High Court · HB 40/19 · 03 2019

This is an action for divorce on the grounds of irretrievable breakdown of marriage. The parties were married to each other on 13 November 2007 in terms of the Marriage Act [Chapter 5:11]. The marriage still subsists. There is one…

SHOOTER NGWENYA versus POPULATION SERVICE INTERNATIONAL and MINISTER OF HEALTH AND CHILD WELFARE

High Court of Bulawayo · HB 36/19 · 03 2019

Plaintiff in this matter issued summons against the two defendants claiming . Payment of the sum of $400 000-00 due by 1st and 2nd defendants to the plaintiff being damages arising from the defendant’s wrongful and unlawful conduct which resulted…

THE STATE Versus HONEST KHUMALO

High Court of Bulawayo · HB 35/19 · 03 2019

The position is now fairly well established in our law that in cases involving multiple counts, the correct approach in sentencing is to treat all counts as one for the purpose of sentence or alternatively when a globular sentence cannot…

STATE versus TENDEKAI MUKWINDIDZA

High Court of Mutare · HMT 23-19 · 03 2019

The accused is a male adult of 23 years, but at the time of the commission of the offence in 2012, he was 17 years, residing at Bvirindi Village, Chief Zimunya, Mutare. He was employed as a herdboy at Mundembe…