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Inadmissible Evidence re: Approach, Illegally or Unlawfully Obtained or Tainted Evidence and the Exclusionary Rule

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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HH15-10 : THE STATE vs ROY BENNNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and CHIVANDA

In this case, the State is seeking the impeachment of its main witness, one Michael Peter Hitschman, in terms of section 316 of the Criminal Procedure and Evidence Act [Chapter 9:07] on the grounds that the witness has materially departed from his previous statements.The section provides that:"316 Impeachment and support ...
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HH190-16 : THE STATE vs FORTUNATE NSORO
Ruled By: CHITAPI J and ASSESSORS: SHENJE and BARWE

Courts are flooded with cases where couples or spouses seek to prove wrongful conduct by the other using evidence in the form of messages retrieved from another spouse's phone.Such evidence, unless obtained with the consent of the owner of the phone, would have been illegally obtained in contravention of the ...
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HB84-15 : THE STATE vs PROUD MOYO and MAVIS MUTEMA
Ruled By: TAKUVA J

The accused persons are facing a charge of murder in that upon or about the 6th and 7th day of March 2011, and at Zimbabwe Republic Police, Sauerstown, Bulawayo, in the province of Bulawayo, Accused 1 and 2 did wrongfully, unlawfully and intentionally kill and murder Samson Ncube, a male ...
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HH515-17 : STATE vs MADALITSO RANCHI
Ruled By: TSANGA J and ASSESSORS: GWEME and MHANDU

The accused, Madalitso Ranchi, a male adult, was charged with murder in that on the 25th of July 2015, at B37 Beatrice Location, Beatrice he had unlawfully, and with intent to kill, murdered his wife, Pamela Muzondo, or realising that there was a real risk or possibility that death might ...
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HH528-16 : THE STATE vs PATRICK MOYO
Ruled By: CHITAPI J and ASSESSORS: GONZO and CHAKUVINGA

The accused is charged with the murder of Keniard Doro. The indictment charges that on 20 January 2015, and at Hereford Farm, Centenary, the accused, acting with an intent to kill or realizing the real risk or possibility that his actions may result in death, struck the deceased several times ...
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HH43-16 : THE STATE vs ELISHA MLAMBO
Ruled By: HUNGWE J and ASSESSORS: RAJAH and CHIPERE

The accused pleaded not guilty to a charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]; it being alleged in the indictment that on 25 July 2014, at Farm 75, Musimbo, Chief Mapungwana, Chipinge, he unlawfully and with intent to kill, ...
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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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SC36-20 : TONIC MANGOMA vs THE STATE
Ruled By: MAKARAU JA, MAKONI JA and MATHONSI JA

This is an automatic appeal against both conviction and sentence. The appellant was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 22 September 2014.Upon conviction, the penalty of death was imposed.After hearing argument from counsel, this Court made the following order:“It is ...
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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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SSC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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SSC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

THE SECOND GROUNDEffect of Pre-charge Abduction and Violation of section 15(1) on Criminal ProsecutionThe second ground on which the validity of the decision to institute the criminal prosecution was challenged was that the prosecution was unlawful because it was based on information or evidence obtained from the applicant by infliction ...
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HB83-15 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: KAMOCHA J

The applicant and one Absolom Hlupho were jointly charged with fraud.The allegation was that they had caused the delivery of a fake warrant of liberation to Superintendent Joe Matyavira with the intention of deceiving him into releasing from prison one Lungisani Sibanda, a convicted prisoner who was serving an effective ...
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HHH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

The applicant herein is the Minister of State responsible for Presidential Affairs. He was formerly the Minister responsible for Land Reform and Resettlement. The applicant originally sought an order, inter alia, staying and eventually setting aside the execution of a warrant of arrest issued against him on the 6th of ...
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View Appeal HH16-21 : CAINOS CHINGOMBE vs THE STATE
Ruled By: CHIKOWERO J

The investigating officer's evidence, that a large portion of the documentary evidence that he had obtained consisted of illegible photocopies was not controverted. He had difficulty even in securing those photocopies. He was pushing to obtain the originals because it is those which would be admissible at trial.
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HHH443-15 : MHANGURA COPPER MINES LIMITED vs TAYENGWA MUSKWE
Ruled By: HUNGWE J

A point in limine is a motion moved by one of the parties to litigation at the very beginning of proceedings aimed at usually pulling the rug from under the feet of the other party, so to speak.In limine motions are designed to facilitate the management of a case, generally, ...
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HH12-12 : THE STATE vs TAWONA MICHAEL MHUTE
Ruled By: BHUNU J and ASSESSORS: GONZO and SHENJE

The accused is charged with the murder of his wife which allegedly occurred in the course of domestic violence on 3 October 2008. Dr N Gonzalez examined the deceased's remains on 9 October 2008 whereupon he compiled a post mortem report.The doctor has since left the country and is unavailable ...
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Appealed SC62-21 : 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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SC84-21 : TAFADZWA MAPFOCHE vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

The appellant and another, who is not a party to this appeal, appeared before the High Court sitting at Harare, charged with one count of murder.After a contested trial, they were found guilty of murder with actual intent and were sentenced each to 25 years imprisonment.It was the finding of ...
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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 ...
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HHB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

The late Addison Mhlanga was of Malawian extraction who came and naturalized himself in Zimbabwe.He married one Dinah Ndlovu but did not have children. The two then adopted Esther Ncube (nee Nkala) as their child. Dinah Ndlovu pre-deceased Addison Mhlanga. Addison Mhlanga died intestate on 22 September 2003 at age ...
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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 ...
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HH220-16 : 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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HMA56-19 : 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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