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Corroborative Evidence re: Pervasive or Undue Influence, Partisan Evidence, Prejudicial Evidence and Witness Coaching

HH101-12 : THE STATE vs TINASHE MOHAMMED AND SIMBARASHE MUYAMBO
Ruled By: BERE J and ASSESSORS: MAGOROKOSHO and CHIDAVANYIKA

The viva voce evidence of..., disclosed that he was involved in illegal dealings in diamonds in this country..., and was an illegal resident in this country....,. We are satisfied that because of this..., was vulnerable and could easily have been manipulated into giving evidence tending to show the accused persons had something to ...
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HH63-10 : THE STATE vs YOMENCE CHAITEZVI and NOTICE KIDA and OBERT MUCHEMWA and ZVIDZAYI MARUFU and JACOB KAGOGODA
Ruled By: PATEL J and ASSESSORS: CHIDYAUSIKU and TUTANI

The accused persons in this case are charged with three separate counts of murder, assault, and arson. These three counts arise from events which took place in 2000 at Nehanda Resettlement Village, Madziwa.All five accused pleaded not guilty to the charges against them when trial commenced in December 2006.At the ...
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HH147-09 : THE STATE vs TOBIAS HUNI AND BRIGHTON CHINYERERE AND JAMES SIBINDI AND MIKE GRIYA KATANDIKA
Ruled By: KUDYA J and CHITAKUNYE J

The trial magistrate treated them differently on the basis of the difference in their ages. He took the view that the uncle influenced the nephew to commit the two crimes In my view, there was no basis for differentiating the penalties between the two as their moral blameworthiness was the same There was no evidence that the ...
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HB73-09 : C. P. (Juvenile) vs THE STATE
Ruled By: NDOU J

Further, in his bail statement, the applicant's case is that he was influenced by peer pressure to abandon school (and home for that matter) and proceeded with friends on illegal diamond rush. The illegal diamond activities exposed the applicant to a violent situation where he had to be on the run. He experienced a dog-eat-dog ...
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HH320-14 : THE STATE vs KUDAKWASHE MUSHANDIRA
Ruled By: BERE J and ASSESSORS: GWERU and MUTOMBA

The accused's counsel reminded the court (quite rightly in our view) that the evidence of Liniva Dumbura, Juliet Mwenje, Jacob Rutanha requires to be approached with heightened caution because of their being close to the deceased during her lifetime. We will endeavour to so approach that evidence.
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HB35-14 : THE STATE vs ZENZO SIBANDA
Ruled By: TAKUVA J

Sidhube Muchochomi gave his evidence in a calm and composed manner. He did not contradict himself during cross examination. His reason was simply straight forward and he never departed from its core. He conceded that the deceased was his nephew and that he had taken alcohol during the day. Further, he conceded to the ...
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SC15-15 : BVUMAI MACHENA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

The appellant was twenty-seven (27) years old at the time of commission of the alleged offence, while the deceased was aged forty-four (44) years old at the time he met his demise. In the early morning of 2 January 2002, the deceased's son, one Adam Gasura, aged ten (10) years old, was herding cattle ...
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HMA04-17 : THE STATE vs EDWARD MUCHINI
Ruled By: MAWADZE J and ASSESSORS: DHAURAMANZI and GWERU

The accused's mother, Jesifina Mada, whom he called as a defence witness did not add value to the accused's case at all. In our view, all what Jesifina Mada demonstrated was that she was keen to save the accused's skin at all costs. In the process, she ended up lying that when the now ...
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HMA16-17 : THE STATE vs ZORODZAI MOYO
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and DAURAMANZI

All we can say that is that accused's mother was a guarded witness. She disputed the contents of her statement to the police about the report the accused made to her upon his arrival from his workplace. We do not believe that she is a truthful witness in that regard. We find her explanation ...
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HH42-16 : THE STATE vs PETRONELLA NYARUGWE
Ruled By: HUNGWE J and ASSESSORS: RAJAH and CHIPERE

These two could not, by any stretch of the imagination, be adjudged independent witnesses in the circumstances of this case.
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HH68-15 : THE STATE vs PHIBION MALUNDU
Ruled By: KUDYA J and ASSESSORS: CHIDYAUSIKU and SHENJE

While it was clear that Aleck Mlambo and Jonathan Gijima also assaulted the deceased, as John Gostino averred, in our view, he exonerated the accused on grounds of his marital relationship with him.
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HB138-16 : EDMORE NYARUGWE vs THE STATE
Ruled By: BERE J and TAKUVA J

It was improper for the court to reject one version simply because Gamuchirai Chirikure is a police officer who was keen to exonerate another police officer.
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HB124-16 : THE STATE vs INNOCENT GWEBU
Ruled By: MATHONSI J

If it was not naïve in the extreme, it was downright utopian to hinge the entire State case on the evidence of an accused person's mother, son and nephew and expect that they would assist in sending their loved one to prison even if indeed he did pump six bullets into a hapless villager suspected ...
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HH149-15 : THE STATE vs CLEVER CHISAHWIRA
Ruled By: MAWADZE J and ASSESSORS: GWEME and MHANDU

Maruda Chisahwira was taken to task about her relations with the accused and whether this did not influence her to falsely incriminate the accused.
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Appealed HH523-16 : THE STATE vs TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAYENGEHAMA and LAZARUS MAYENGEHAMA and PHENEAS NHATARIKWA and EDWIN MUINGIRI and PAUL NGANEROPA
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and MHANDU

Constable Mushaninga's identification of the accused was amply corroborated by Inspector Nyararai...,. Both Constable Mushaninga and Inspector Nyararai were honest and believable witnesses. We believe them.
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HMA33-17 : AUBREY CUMMINGS vs THE STATE
Ruled By: MAFUSIRE J

On Count Three, the mainstay of the applicant's defence was an alibi. He said on the day in question, he spent the whole day at home with his family. Evidence was produced that the applicant's wife and son had arrived from South Africa on that day. The applicant said he had picked them up from the ...
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HMA27-18 : THE STATE vs FREDRICK CHAFADZA
Ruled By: MAFUSIRE J and ASSESSORS: GWERU and MUSHUKU

Mike Mazhara Mutsava…, seemed too eager to assist the accused whom he regarded as an uncle. He made it evident that he owed the accused's lineage a debt of gratitude for having allocated him the territory over which he reigned as village head.
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HMA29-18 : THE STATE vs WIKLOVE VURAYAI and MUNYARADZI VURAYAI
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and NISH

Despite that Isheunesu Masimura is a son to the second deceased, Pauro Stanlsus Masimura, and regarded the first deceased, Saul Kani, as his nephew, he gave a very clear and graphic account of what happened. Indeed, he was emotional and broke down as he narrated how his father, the second deceased, Pauro Stanlsus Masimura, was attacked. We appreciate ...
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HH185-15 : ITAI MOTSI vs THE STATE
Ruled By: HUNGWE J and BERE J

The court a quo heard evidence from seven witnesses called by the State. Only the complainant in the attempted murder charge was a non-police witness. The rest were.
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HB05-12 : THE STATE vs INNOCENT PHIRI
Ruled By: KAMOCHA J

Margaret Sibanda told the court that she resided at Number 110 Johnsley Resettlement, West Nicholson. She knew both the accused and the deceased as they were her son and grandson respectively. The deceased was a son of her late daughter. A decision was made that the deceased should go and ...
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HMA37-17 : THE STATE vs TAFIREI RUNESU
Ruled By: MAFUSIRE J and ASSESSORS: MUTOMBA and DHAURAMANZI

On 16 August 2016, the accused struck and killed the deceased. He was charged with murder. He pleaded self defence. A trial ensued over two days. Only two witnesses gave oral testimony: the deceased's wife, Jennifer Mushandu [“Jennifer”], and the accused himself….,.We discount some aspects of Jennifer Mushandu's evidence, denied ...
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HH09-17 : THE STATE vs TAPIWA CHITSUNGO and PROSPER MUBVONGI
Ruled By: CHITAPI J

The court approached the evidence of Naome Ahombile with caution. This was so because she engaged in secret conversation with the deceased.She was telephoned by the deceased and asked whether she was alone and if her husband was away and she confirmed. She agreed to meet the deceased. She did ...
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HMT16-18 : THE STATE vs CHARLES HOFISI
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and RAJA

This is a case in which the accused is charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] hereafter referred to as the Criminal Code.The State alleges that at Makweza Village, Chipinge, on 16 October 2017, the accused unlawfully and intentionally ...
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HB215-15 : THE STATE vs EVIDENCE RUZIVE and ADVENTURE RUZIVE and HABSON CHAMATUNGWA and SURPRISE MASHAVIRA
Ruled By: TAKUVA J and ASSESSORS: MATEMBA and BAYE

The accused were charged with murder in that on the 24th of May 2013 and along Runde River, Shurugwi, in the Midlands Province, the accused persons, or one or more of them, unlawfully caused the death of Wellington Mashava by stabbing him with a knife twice on the chest, once ...
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HB175-18 : THE STATE vs STEVEN TSHUMA
Ruled By: MATHONSI J

At the time Pedzisai Mpofu met his death, on 11 December 2017, at Bazha Business Centre under Chief Malaki Masuku in Matobo, Matabeleland South, he was 36 years old. He was the victim of an okapi knife attack, the stabbing being directed to his back and right side of the ...
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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 ...
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HH469-16 : BERNARD CHIWENGA vs THE STATE
Ruled By: CHIGUMBA J

The applicant applied to be admitted to bail pending trial....,.The applicant was charged with murder, as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the CODE), it being alleged that, on the 17th of October 2015, at 1800 hours, in Dzapasi Village, Chief Mangwende ...
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HHH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

Our courts have held that a husband and wife hold a uniquely special relationship and that they normally have a common interest and household: see Warren Park Trust v Antony Ernest Pahwaringira and Others HH39-09 and Masiyiwa Cleopas Gonye v Stella Mavis Gonye SC15-09.
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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 ...
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HB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

I also do not agree that a witness is disqualified from giving credible evidence merely by virtue of relationship to the complainant.
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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 ...
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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 ...
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SC111-21 : MUNYARADZI KEREKE vs THE STATE and FRANCIS MARAMWIDZE
Ruled By: MWAYERA JA

On 4 August 2021, after considering all documents filed of record and having been orally addressed by counsel, I issued an order admitting the applicant to bail, and indicated that I would avail written reasons for my disposition. The reasons are captioned herein.THE PARTIESThe applicant was convicted by the Regional ...
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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 ...
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HB55-15 : SURPRISE NCUBE vs THE STATE
Ruled By: MUTEMA J and MOYO J

The appellant launched an appeal against conviction and sentence in this matter in person.The appellant was convicted of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The allegations against the appellant were that he raped his daughter, aged seven (7) years, when he ...
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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 ...
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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, ...
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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 ...
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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 ...
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HMT62-19 : LAWRENCE ZINHUMWE vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

Irked by the conviction and sentence imposed by the court a quo, the appellant approached this court on appeal.The appellant was convicted of indecent assault, as defined in section 67(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].He was sentenced to 18 months imprisonment of which 6 months ...
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