Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Corroborative Evidence re: Approach and Principle that Lies Told By Accused Amount to Corroboration of State Witnesses

SC43-17 : JOSEPH CHANI vs THE STATE
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

After hearing counsel in this matter we dismissed the appeal against both conviction and sentence. We indicated that our reasons would follow in due course. These are they.The appellant was convicted of one count of murder and three counts of assault as defined in section 47(1)(b) and section 89 respectively ...
More

View Appeal SC71-21 : TUNGAMIRAI MADZOKERE and YVONE MUSARURWA and LAST MAENGAHAMA and PHINEAS NHATARIKWA vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court sitting at Harare, handed down on 12 December 2016.In the judgment, the court a quo found the first three appellants guilty of murder and the fourth appellant guilty as an accessory after the fact, of public violence.The first three ...
More

HHH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

The plaintiff is a male adult resident at House Number 2365 St Marys Chitungwiza. The defendant is the Minister of Defence cited in his official capacity.On 14 November 2003, the plaintiff filed a suit against the defendant for damages in the sum of Z$500,000. The plaintiff alleged, that, on 19 ...
More

HB16-15 : THE STATE vs ABEL NKOMO
Ruled By: MOYO J

The accused person faces a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]; it being alleged, that, on 28 June 2014, at Madlodlo Beer Garden, the accused person stabbed the deceased, Welcome Tshuma, with a knife on the head resulting ...
More

HB17-15 : THE STATE vs MANDLENKOSI NCUBE
Ruled By: MOYO J

The accused person faces a charge of murder; it being alleged, that, on the night of 1 February 2014 and the morning of 2 February 2014, the accused person allegedly assaulted the now deceased, namely, Nobuhle Moyo, who was his customary law wife. The deceased died at Mpilo Hospital on ...
More

HB21-15 : THE STATE vs TALENT BANGO
Ruled By: KAMOCHA J

The accused is a young woman aged 23 years who pleaded not guilty to the murder of her 1 year 8 months old child: it being alleged that on 24 August 2013 and at Village Rushwaya, Chief Njelele, Gokwe South in the Midlands Province, she unlawfully caused the death of ...
More

SC86-21 : 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 ...
More

SC75-14 : ABRAHAM MBOVORA vs THE STATE
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

On 5 October 2006, the High Court found the appellant guilty of the murder of Johannes Mapfumo Majoni with actual intent to kill him. The court a quo found no extenuating circumstances. It therefore sentenced the appellant to death.This is an automatic appeal against both conviction and sentence.It was the ...
More

HB26-15 : JONATHAN NGWENYA vs THE STATE
Ruled By: MOYO J and TAKUVA J

The appellant in this matter was convicted of indecent assault and aggravated indecent assault, that is, contravening section 66 and 67 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].He was sentenced to 6 months on the charge of indecent assault and 10 years on the charge of aggravated ...
More

HH374-19 : 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 ...
More

SSC144-21 : FARAI MATSIKA and FAIRGOLD INVESTMENTS (PRIVATE) LIMITED vs MOSES CHINGWENA and 38 OTHERS
Ruled By: BHUNU JA

The dictum of NDOU J in Leader Tread Zimbabwe (Pvt) Ltd v Smith HH131-03 is apt. In that case, the learned judge observed that:“It is trite, that, if a litigant has given false evidence his story will be discarded and the same adverse inference may be drawn as if he ...
More

HB49-15 : MSONGELWA DUBE vs THE STATE
Ruled By: MOYO J

This is an application for bail pending appeal.The appellant was convicted of stock theft as defined in section 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].He was sentenced to 9 years imprisonment.Dissatisfied with both conviction and sentence he has noted an appeal to this court.He now seeks ...
More

HH143-18 : STATE vs JAMES ACKIM and LAMECK ACKIM
Ruled By: KUDYA J and ASSESSORS: MHANDU and CHIVANDA

The two accused persons are brothers. They were jointly charged with the murder of Jokonia Choga Muunganirwa at Chemhanza Hill in Chevakadzi Resettlement Area in Bindura on 31 January 2010. They were alleged to have caused his death by assaulting him indiscriminately all over his body and stoning him on ...
More

HB69-15 : THE STATE vs NDABEZINHLE NCUBE
Ruled By: MAKONESE J

The accused, aged 36, has been arraigned in this court on a charge of murder.The State alleges, that, on 29 April 2014, and at Mfunda Village 4, Nkayi, the accused did wrongfully, unlawfully, and intentionally kill and murder Thobekani Masuku, a female adult aged 21 years at the time of ...
More

HMT03-20 : THE STATE vs BERNARD MUCHADEI
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and MUDZINGE

The accused was arraigned before this court facing a charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The brief allegations are, that, the accused struck the deceased, his mother, with a stone on 9 March 2018 at Matereke Village, Chief Zimunya, ...
More

CCC05-22 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: PATEL JCC

“In Leader Tread Zimbabwe (Pvt) Ltd v Smith HH131-03 NDOU J, at p7 of the cyclostyled judgment, stated as follows:'It is trite, that, if a litigant gives false evidence, his story will be discarded and the same adverse inferences may be drawn as if he had not given evidence at ...
More

HMA45-19 : THE STATE vs THOMPSON MACHINGURA
Ruled By: MAWADZE J and ASSESSORS: NISH and GWERU

The then 30 year old accused is facing the charge of killing his then 38 year old sibling as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] by assaulting him all over the body at Gwati Vllage, Chief Zimuto, Masvingo on 2 February 2019.At ...
More

HMA48-19 : PROSPER CHITANGA vs THE STATE
Ruled By: MAWADZE J and WAMAMBO J

This is an appeal in respect of both the conviction and sentence.The appellant was convicted, after a protracted trial, by the Magistrate sitting at Chivi on 1 July 2019 and he was represented by counsel for the appellant.The appellant was convicted of fraud, as defined in section 136 of the ...
More

HMT07-20 : FIBIAN MUNYUKI vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

On 7 June 2019, the appellant was arraigned at Mutare Magistrates Court facing a charge of “unlawful dealing in or possession of precious stones” in contravention of section 3(1) of the Precious Stones Act [Chapter 21:06].The State alleged, that, on 25 December 2018, and at Sakubva Bus Terminus, Birchnough–Mutare Road, ...
More

HMT08-20 : LIKANI SITHOLE vs THE STATE
Ruled By: MUZENDA J and MWAYERA J

On 27 November 2019, we dismissed this appeal in its entirety and indicated that our reasons for dismissal would follow. These are they.On 10 April 2019, the appellant appeared on charges of contravening section 131(1)(a) as read with section 131(2)(e) of the Criminal Code for unlawful entry into premises in ...
More

HMT10-19 : THE STATE vs LAMECK MANYANGA
Ruled By: MWAYERA J and ASSESSORS: CHAGONDA and SANA

Precious human life was unnecessarily lost in a horrific manner, in a domestic violence related crime of passion.The accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The allegations levelled against him being, that, ...
More

HMT19-20 : THE STATE vs CLAYTON DEKAURENDO
Ruled By: MWAYERA J and ASSESSORS: RAJAH and MAGOROKOSHO

The accused pleaded guilty to two Counts of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred as the Criminal Code).The State alleges, that, on 8 September 2018, and at Rori Village, Headman Samanga, Chief Mutasa, Honde Valley the accused person ...
More

HMT43-19 : THE STATE vs MICHAEL MUNAPO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

In this case, the accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged, that, on 11 September 2018, at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused, ...
More

HMT46-19 : ARCHFORD CHARI and LEONARD REBANEWAKO vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

The two appellants were charged with allegations of obstructing or endangering the free movement of persons or traffic in contravention of section 38(C) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] by placing and burning tyres and grass along the Harare-Mutare Road in Rusape.They were convicted after a ...
More

HMT48-19 : THE STATE vs VICTOR DINGA
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and MAGOROKOSHO

In this case, precious human life was viciously lost in circumstances where love for money took over respect of the sanctity of human life.The accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It ...
More

HMT49-19 : MAXWELL MARANGWANDA vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

The appellant, Maxwell Marangwanda, aged 56 years, was charged and convicted of assault as defined in section 89(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where it is alleged, that, on 29 August 2018, at Nyachityu Business Centre, Marange, Mutare, the appellant hit Patson Chakawanda twice on ...
More

HMT50-19 : THE STATE vs CRIPS MUPATIKI and MINDLAW MASUNDA
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and MAGOROKOSHO

Both accused appeared before the court facing murder allegations as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged, that, on 12 October 2015, at around 0300 hours, and at Chemushowe Business Centre, Chief Chitsunge, Buhera, the two accused persons interchangeably ...
More

Back Main menu

Categories

Back to top