Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Review re: Unterminated or Incomplete Proceedings, Stay of Proceedings Pendente Lite and the Doctrine of Ripeness

HB54-09 : GERHARDUS HERMANUS GROVE vs ALECK KADYE N.O. and ATTORNEY GENERAL N.O.
Ruled By: NDOU J

On 28 April 2009, I granted a provisional order and gave brief reasons for my decision. One of the parties has requested full reasons. These are the full reasons. This matter has a bit of history which I propose to highlight. The applicant was appearing in a criminal trial before the first respondent, a senior magistrate in Kwekwe, ...
More

View Appeal
HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff is facing criminal charges of negligent driving which were suspended by this court on 3 February 2010 pending the conclusion of the present matter.
More

HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

On the 18th June 2009 this matter was heard before me in chambers. After hearing both counsel I dismissed the application and undertook to give my reasons later. These are they. This is an application for interdicting the Magistrates Court, Kezi from proceeding with case number Matobo CR17/04/09 pending the finalisation of Case No.HC903/09.
More

HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

The allegations, as presented by the State, are that the applicant was charged with stock theft. He pleaded not guilty, but, was convicted and the matter was postponed to the 21 May 2009 for sentence by consent of both counsel. The historical background of this matter is that the applicant first appeared in court before the ...
More

HH01-14 : NDOMUPEI TIVENGE vs THE STATE and MRS MUGWAGWA, ESQUIRE
Ruled By: MATANDA-MOYO J

This is a matter which came as an unopposed matter in which the applicant sought to set aside the second respondent's decision that the trial of the applicant continue to the defence case in a criminal trial. Further, that the applicant be discharged at the close of the State's case. The brief background of the ...
More

HHH278-14 : THE STATE vs ROBSON MUTERO
Ruled By: MAWADZE J and MATHONSI J

The record of proceedings in this matter has been placed before me by the Provincial Magistrate Masvingo under cover of a minute with the following comments; “Please place this record of proceedings before a High Court Judge with the following request. The accused was arraigned before Mr P Mapiye at Masvingo Magistrates Court. The trial progressed till ...
More

HH291-14 : WILFORD EDWARD NYAMBO vs MAGISTRATE T. K. MAHWE. N.O. and PROSECUTOR GENERAL
Ruled By: UCHENA J

The applicant was jointly charged with Norman Bvekwa, his legal practitioner, on a charge of fraud in contravention of section 136 of the Code. They pleaded not guilty. The State led evidence and closed its case. The applicant and his co accused applied for discharge at the end of the State's case. The representative of ...
More

HB40-14 : DHERERAI MANYONI vs SUPERINTENDENT NDLOVU and OFFICER COMMANDING BULAWAYO PROVINCE
Ruled By: KAMOCHA J

The charge that the applicant was facing was framed like this:-“CHARGE SHEETThe State versus FORCE NUMBER 054381 C/D J. RANK SERGEANT(Hereinafter called the accused) appointed on 27/03/03 rate of pay…,.The accused is ordered to appear before the court of an officer/board of officers at place DHQ WEST on the 24/12/12 at (time) 0800 hrs firstly to ...
More

HHH71-12 : JANE LINDA ROSE vs THE STATE
Ruled By: HUNGWE J

This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the Magistrate's Court are not yet concluded in that she has not yet been sentenced….,. The question raised ...
More

CC09-17 : FARAI KATSANDE and ZIMBABWE BANKS AND ALLIED WORKERS UNION vs INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

…,. The procedure adopted by the applicants would constitute an affront to the time honoured common law principle that a superior court should be slow to intervene in ongoing proceedings in an inferior court - except in exceptional circumstances. This principle is persuasively articulated as follows in the case of Wahlhaus v Additional Magistrate, Johannesburg ...
More

HH100-15 : MUNYARADZI CHIKUSVU vs MAGISTRATE T. MAHWE
Ruled By: BHUNU J and UCHENA J

This is an application for review arising from the applicant's trial in the Magistrates Court before Magistrate Mahwe sitting at Harare. The applicant appeared before the trial magistrate charged with contravening section 43(2) of the Shop Licences Act [Chapter 14:17]. The section criminalizes the unlawful use of another's shop licence with the intention to deceive. The ...
More

HH550-15 : CONSTABLE JANI 985403P vs THE OFFICER IN CHARGE ZRP MAMINA and THE OFFICER IN CHARGE CHIKURUBI DETENTION BARRACKS and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIGUMBA J

In HERBSTEIN VAN WINSEN, Civil Practice of the Supreme Court of South Africa 4ed…, the difference between the remedy of appeal and that of review are explained as follows: “The reason for bringing proceedings under review or appeal is usually the same, to have the judgment set aside. Where the reason for wanting this is ...
More

HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

(a) Introduction This was an urgent chamber application. The relief sought was poorly laid out in the draft order. But its essence was basically an interim interdict to bar the police board of enquiry [hereafter referred to as “the suitability enquiry board” or, in short, “the SEB”] from investigating the suitability or fitness of the applicant, a police ...
More

HHH242-13 : LEE WAVERLEY JOHN vs THE STATE and SIMON RODGERS KACHAMBWA N.O.
Ruled By: MAFUSIRE J

This is an urgent chamber application. The applicant seeks a provisional order for a stay of the criminal trial against him in the Magistrate's Court pending the determination of his application for review which is pending in this court.The applicant was charged with fraud as defined in section 136 of ...
More

SSC67-20 : PROSECUTOR GENERAL OF ZIMBABWE vs INTRATEK ZIMBABWE PL and WICKNELL CHIVAYO and L NCUBE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

This is an appeal against the whole judgment of the High Court handed down on 20 March 2019, quashing the charges that the first and second respondents were facing in an ongoing criminal trial before the third respondent and acquitting them on all the charges.Background FactsThe facts giving rise to ...
More

HHH517-20 : INTRATREK ZIMBABWE PL and WICKNELL CHIVHAYO and STANLEY KAZHANJE vs PROSECUTOR GENERAL OF ZIMBABWE and P MATURURE N.O.
Ruled By: CHIKOWERO J and KWENDA J

I will refer to the parties as Intratrek, Chivhayo, Kazhanje, the PG, and the court a quo respectively. Where it is convenient to do so I will refer to the first three (3) parties as the applicants and the last two as the respondents or first and second respondent as ...
More

SSC59-19 : PROSECUTOR-GENERAL OF ZIMBABWE vs INTRATREK ZIMBABWE PL and WICKNELL CHIVAYO and L. NCUBE N.O.
Ruled By: PATEL JA

This is an application for leave to appeal to the Supreme Court in terms of section 44(6) of the High Court Act [Chapter 7:06].In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No.11141/18 (as Judgment No. ...
More

HHH117-14 : LEE-WAVERLY JOHN vs THE STATE and RODGERS KACHAMBWA
Ruled By: MATANDA-MOYO J

The applicant sought a review of the second respondent's decision placing the applicant on his defence on the following grounds;“1. The irrationality or outrageousness of the 2nd respondent's decision of dismissing the Applicant's application for discharge at close of State case when the evidence led in court clearly show that ...
More

CC03-20 : LOVERAGE MAKOTO vs T.K. MAHWE N.O. and THE PROSECUTOR GENERAL
Ruled By: MALABA CJ

This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of section 167(5) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“the Constitution”), as read with Rule 21(2) of the Constitutional Court Rules S.I.61 of 2016 (“the Rules”).The ...
More

HH19-07 : PONDORO (PVT) LTD and DOUGLAS TAYLOR-FREME vs MENDE NEMAKONDE and THE MAGISTRATE, CHINHOYI
Ruled By: HUNGWE J

This matter was placed before me under a certificate of urgency on 17 January 2008. I gave directions that it be heard the following day as I deemed it appropriate that the Rules of Court be dispensed with in the interests of achieving justice in this particular matter....,.The applicants seek ...
More

HH54-10 : ANDREW BRUFORD vs ATTORNEY GENERAL and MAGISTRATE JARABINI
Ruled By: BHUNU J

The applicant is standing trial in the Magistrates Court on charges he has not specified in his founding affidavit. The nature of the charges that the applicant is facing is however immaterial to the determination of this application.What is material is that on the 15th of February 2010 the applicant ...
More

HH84-10 : ALBERT MATAPO and OTHERS vs MAGISTRATE BHILA and THE ATTORNEY GENERAL
Ruled By: UCHENA J

The applicants were arraigned for trial before the first respondent, a Regional Magistrate sitting at Harare Magistrate's Court. The first respondent will, in this judgment, be referred to as the “magistrate”. The second respondent is the Attorney General of Zimbabwe. He is the prosecuting authority whose officer is prosecuting in ...
More

SSC10-21 : ROBERT GUMBURA and OTHERS vs FRANCIS MAPFUMO N.O. and THE NATIONAL PROSECUTING AUTHORITY
Ruled By: GWAUNZA DCJ, MAKONI JA and BERE JA

After hearing counsel in this matter we dismissed the appeal with no order as to costs and indicated that our reasons would follow in due course. Below are the reasons for judgement.On 17 May 2019, the appellants approached the court a quo, on a certificate of urgency, seeking an order ...
More

HHB226-16 : ALPHONSUS ACHINULO vs W. MAPHIOS MOYO N.O. and THE STATE
Ruled By: MATHONSI J

A superior court should always be slow to intervene in unterminated proceedings of an inferior court and will ordinarily not sit in judgment over a matter that is before the court below except in very rare situations where a grave injustice would occur if the superior court does not intervene.Although ...
More

HHB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

It is becoming fashionable for accused persons appearing before a magistrate who have their applications made in terms of section 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07] for a discharge at the close of the State case to approach this court on an urgent basis seeking an ...
More

HHB345-16 : NQOBILE KHUMALO vs THE PRESIDING MAGISTRATE N.O. (MR MZINGAYE MOYO) and THE PROSECUTOR GENERAL N.O.
Ruled By: MATHONSI J

In the practice of law the world over, it is an accepted principle that legal practitioners are officers of the court. As such, they assist the court in dispensing justice and owe the court a duty to not only bring to its attention legal pronouncements on the law that are ...
More

HHH765-15 : JOSPHAT MUKWEMU vs MAGISTRATE SANYATWE N.O. and THE PROSECUTOR GENERAL
Ruled By: MATHONSI J

If it had not been that it goes to the very root of the Declaration of Rights contained in Chapter 4 of the Constitution of Zimbabwe, in particular the right of every person to choose and be represented by a legal practitioner of their choice before any court of law, ...
More

HHH63-21 : ROBERT GUMBURA B157/21 and BLESSING CHIDUKE B136/21 vs THE STATE
Ruled By: CHITAPI J

The above two applications have been consolidated only for purposes of preparing one judgment that disposes of both applications.The motivation for the consolidation is based upon the considerations that both applicants are co-accused in case no. Harare Magistrates Court CRB4105–4113/15 wherein they were arraigned for trial with six other co-accused. ...
More

HHH135-17 : SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA vs THE STATE and MAPFUMO FRANCIS (NO)
Ruled By: MAKONI J

On the day of hearing this matter, I issued an order in the following terms:“1. The decision of the 2nd Respondent of dismissing the Applicants application for recusal in Case No. CRB12586/15 be and is hereby set aside.2. That the proceedings in case number CRB12586/15 commence de novo before another ...
More

Appealed
SC126-21 : PATRICIA DARANGWA vs JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

This is an appeal against the whole judgment of the High Court, delivered on 5 March 2021, interdicting the appellant, in the interim, from administering the estate of the late Genius Kadungure among other relief.After hearing submissions from counsel, we dismissed the appeal with costs and stated that the reasons ...
More

View Appeal
HH85-21 : JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE vs PATRICIA DARANGWA and MASTER OF THE HIGH COURT OF ZIMBABWE (N.O.)
Ruled By: CHIRAWU-MUGOMBA J

This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt, I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument.The second respondent did not file a notice of opposition, ...
More

HH595-15 : MAKANDI TEA AND COFFEE ESTATE (PVT) LTD vs THE ATTORNEY GENERAL OF ZIMBABWE N.O. and V. GAPARA N.O.
Ruled By: MAKONI J

This is an application for review of the second respondent's decision in which he declined to stay proceedings before him in terms of section 7 of the Arbitration (Resolution of International Investment Disputes) Act [Chapter 7:03] (the Act).The background to the matter is that the applicant is a company duly ...
More

CC05-21 : RITA MBATHA vs CONFEDERATION OF ZIMBABWE INDUSTRIES and THE SHERIFF OF ZIMBABWE
Ruled By: GARWE AJCC, GOWORA AJCC and PATEL AJCC

The dicta in Chihava v Provincial Magistrate Mapfumo N.O. Anor 2015 (2) ZLR 31…, are apposite. GWAUNZA JCC…, remarked:“I, therefore, entertain no doubt, that, the certainty referred to above would be completely eroded were the courts to operate based on a literal and grammatical interpretation of section 85(1). ...
More

CC06-15 : ANNA CHIHAVA and BOAS MAPUVA and ZISHE CHIZANI vs THE PROVINCIAL MAGISTRATE FRANCIS MAPFUMO N.O. and THE PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and CHIWESHE AJCC

This is an application in terms of section 85(1)(a) of the Constitution of Zimbabwe.The appellants allege that their constitutional rights, as enshrined in sections 70(1(b), 70(1)(d) and 70(1)(c), have been violated through the manner in which criminal proceedings against them were conducted in the Magistrates Court sitting at Chivhu.They seek ...
More

CC18-17 : BLESSING MUSHAPAIDZE vs ST ANNE'S HOSPITAL and CAPS HOLDING LTD and NATIONAL EMPLOYMENT COUNCIL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA JCC

The applicant approached this Court in terms of section 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No.20) 2013 (“the Constitution”), alleging that the respondents infringed the following of her fundamental rights:(i) The right to dignity;(ii) The right not to be subjected to physical or psychological torture or ...
More

CC13-21 : ZIMBABWE WOMEN LAWYERS ASSOCIATION vs THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GARWE JCC, MAKARAU JCC and GOWORA JCC

In Doctors for Life International v The Speaker of the National Assembly CCT 12/05 NCOBO J, whilst dealing with the competence of the Constitutional Court to interfere with the autonomy of Parliament to regulate its internal proceedings, made the following pertinent remarks:“(68) Courts in other jurisdictions, notably in the Commonwealth ...
More

CC04-22 : JOANAH MAMOMBE and CECILIA CHIMBIRU vs FAITH MUSHURE N.O. and THE STATE
Ruled By: MAKARAU JCC

This is an urgent application for an order staying certain unterminated criminal proceedings against the applicants.The proceedings are underway before the first respondent, a Regional Magistrate.The applicants seek to stay the proceedings pending determination of two applications that they filed with this Court for direct access.If successful in the applications ...
More

CC03-17 : CUTHBERT CHAWIRA and OTHERS vs MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS and THE COMMISSIONER OF PRISONS AND CORRECTIONAL SERVICES and THE ATTORNEY GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

This matter was heard on 13 January 2016 with judgment being reserved.On 27 January 2016, this court determined, that, in view of the fact that this case raises similar issues as that of Farai Lawrence Ndlovu Anor v The Minister of Justice Legal Parliamentary Affairs, Constitutional ...
More

CC08-22 : IGNATIUS CHOMBO vs THE NATIONAL PROSECUTING AUTHORITY and THE PROSECUTOR GENERAL and THE ATTORNEY GENERAL
Ruled By: GARWE JCC, MAKARAU JCC and PATEL JCC

This is an application for leave to appeal against a decision of the Supreme Court handed down on 25 November 2021.Holding that there was no proper appeal before it, the Supreme Court struck from its roll the appeal that the applicant had noted against a judgment of the High Court.Using ...
More

CC15-17 : JONATHAN MOYO vs SERGEANT CHACHA and ZIMBABWE ANTI-CORRUPTION COMMISSION and COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application in which the applicant sought an order in terms of the draft. The applicant and the fourth respondent (the Prosecutor General) consent to an order of the Court in terms of the draft order, as amended.The third respondent's position (the Commissioner General of Police, Zimbabwe ...
More

HH335-14 : ZUWA DAMSON vs LINCOLN USHAMBA
Ruled By: TSANGA J

This urgent application turned upon the issue of whether an order of maintenance from the Magistrate Court, that is currently pending review, can be varied, even provisionally, by the High Court through an urgent chamber application.My immediate legal view was that this was not possible....,.From the applicant's founding affidavit, the ...
More

Back Main menu

Categories

Back to top