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Direct, Concrete and Circumstantial Evidence, Key or Eye Witness, Inferential Reasoning, Evidence Aliunde and Res Gestae

Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

The defendant called two witnesses. The first witness was Michael Mukombami.At the time of hearing, he was the Acting Senior Vehicle Inspector. He had been in the employment of the Vehicle Inspection Department for 13 years since 1985. One of his duties was to examine vehicles involved in road accidents.He ...
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HH126-09 : AMOS MUKOMBA vs ONGEGUND (PVT) LTD AND LAMECK GANDIDZANWA
Ruled By: KUDYA J

I was satisfied that Siza Tiba was a percipient witness who saw how the accident occurred. His testimony on how, and where, the accident occurred was confirmed by the contents of the traffic accident book, and exhibits 1 and 2. The witness' preliminary views that the second defendant was the cause of the accident were confirmed ...
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HH141-09 : OLIVER CHIBAGE vs KUDZAI SIBUSISO NDAWANA
Ruled By: MAKARAU JP

The plaintiff is a Commissioner in the Zimbabwe Republic Police. The defendant, a duly qualified dental surgeon, was, at the material time, also a member of the Zimbabwe Republic Police. She practiced her dentistry at the Police Camp Hospital and also at her surgery in town. In June 2007, the plaintiff consulted the defendant complaining of sensitivity to ...
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HH143-09 : KATHLEEN ENID THORNTON vs DARREN STEWART THORNTON
Ruled By: MAVANGIRA J

The onus is on the applicant to justify the granting of the claim that she seeks. In casu, the onus is particularly pertinent as regards the quantum of such maintenance. No direct or concrete evidence has been adduced to justify the contribution sought from the respondent.
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HH175-10 : CHIPO DERA vs CYNTHIA KAMBEZA
Ruled By: KUDYA J

In the present matter, there is no direct evidence that the defendant committed adultery with the plaintiff's husband. There is, however, sufficient circumstantial evidence which shows that they must have had sexual intercourse. There was certainly evidence of a love affair between them. It started with the plaintiff's husband taking custody of the defendant's bank ...
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SC18-15 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs B. SHONHIWA and F. GARATSA and P. ZARANYIKA
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

This brings in the second issue arising from the appellant's grounds of appeal. It is evident from the arbitrator's award that she relied on circumstantial, rather than hearsay evidence, in reaching the decision that she did. On page 3 of the award, the arbitrator stated as follows; “As much as evidence given to me by ...
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SC30-19 : BRITISH AMERICAN TOBBACO ZIMBABWE vs JONATHAN CHIBAYA
Ruled By: GARWE JA, GOWORA JA and MAVANGIRA JA

The charge arose after it was discovered that there were two withdrawals of an amount of USD2,605= from the appellant's Standard Chartered Bank account on two occasions, namely, 18 May 2012 and on 31 May 2012 using one withdrawal instruction. The withdrawal of 18 May 2012 was authorised and was made by the respondent. The ...
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HH189-15 : ELTON NYABUSHA vs ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY
Ruled By: MATANDA-MOYO J

From the analysis of the evidence presented there is no doubt that the fire was caused by a broken conductor. What is not clear is what caused the conductor to break. All the witnesses got to the scene when the conductor was already on the ground and when the plantation was on fire. There were no eyewitnesses ...
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HH557-17 : ZVIDZAI MARANGE vs BERNARD MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION and PRESERVATION OF NATIONAL CULTURE and HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: MANGOTA J

Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange.The first respondent eventually succeeded him as Chief Marange.The process of selecting ...
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Appealed
SSC62-21 : KIZITO MUTSURE vs THE STATE
Ruled By: MAVANGIRA JA, UCHENA JA and MAKONI JA

This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.The appellant was charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation was that on 23 October 2011, at ...
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HHH458-18 : THE STATE vs KIZITO MUTSURE
Ruled By: CHITAPI J and ASSESSORS: BARWA and CHITSIGA

The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The accused pleaded not guilty to the allegations, that, on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and ...
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SSC86-21 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE and THE PROSECUTOR GENERAL
Ruled By: MAKONI JA

This is an opposed application for leave to appeal made in terms of section 44 of the High Court Act [Chapter 7:06] as read with Rule 20(1) of the Supreme Court Rules, 2018.The applicant was convicted of rape and sentenced to an effective 10 years imprisonment by the Harare Regional ...
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HHH374-19 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE N.O.
Ruled By: HUNGWE J and WAMAMBO J

The appellant was convicted of rape, as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], by the Regional Magistrate, Harare, and sentenced to 14 years imprisonment of which four years were suspended for five years on the usual conditions, on 11 July 2016.The appellant ...
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HHH220-16 : THE STATE vs GEORGE LOVELL
Ruled By: MUSAKWA J

The accused pleaded not guilty to a charge of murder. The incident took place in 2012.During the course of the trial, the State sought to produce extra-curial statements recorded from the accused. The defence challenged the admissibility of the statements.A trial on the separate issue ensued and this is the ...
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HHMA56-19 : THE STATE vs WONDERFUL MANJORO
Ruled By: MAWADZE J and ASSESSORS: CHADEMANA and MUSHUKU

The accused, who resides in Village 25, Chief Sengwe, Chiredzi, is facing two counts.In Count 1, the accused is facing the charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], in that, on 18 June 2015, at Gonowani Village, Headman Mpapa, ...
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