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Irrelevant Evidence, Speculative Evidence, Character Evidence, Implausible or Improbable Evidence and Rule of Relevance

HH47-12 : THE STATE vs CASPER MANUWA
Ruled By: HUNGWE J and MAVANGIRA J

On a consideration of such of the factors as are applicable in this case…., it appears that the evidence by and on behalf of the appellant is so highly improbable as to be unworthy of belief.
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HH60-12 : CHRISTOPHER NYAMUKAPA vs THE STATE
Ruled By: ZIMBA-DUBE J and BHUNU J

The appellant's explanation for failing to secure the money and to report the theft on time is improbable, fanciful and unreasonable.
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HH46-10 : THE STATE vs ROY LESLIE BENNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI

In a bid to prove what it alleges, the State has now called one Forgive Munyuki, a Security Officer employed by Tel One, with a view to establishing the significance of the microwave link at Melfort and the effects of its destruction. Counsel for the defence has vigorously objected to the calling of this witness, arguing that ...
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HH46-10 : THE STATE vs ROY LESLIE BENNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI

The defence objected to the calling of this witness on the basis that his evidence is based on mere speculation and conjecture. The nature of the charges is such that they give room to some unavoidable speculation and conjecture insofar as they are grounded on preparatory acts, in the form of conspiracy, and not the actual ...
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SC77-14 : NKOSIYABO NDZOMBANE vs THE STATE
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

Nobantu Mabhena could not say that the appellant was a violent person although she speculated that he could have acquired some violent streak from his stay in South Africa.
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HB115-16 : THE STATE vs ELIZABETH MBULAYI
Ruled By: TAKUVA J and ASSESSORS: DAMBA and HADEBE

Alice Phiri described the accused as a “cheeky” person….,. In our view, the bulk of this witness' evidence is character evidence which is generally inadmissible.
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SC82-14 : JIMMY MUPANDE vs THE STATE
Ruled By: MALABA DCJ, GOWORA JA and HLATSHWAYO JA

The appellant's version of events was that the deceased wanted to shoot him and also strike him with a metal rod, so he then countered the “attack” by striking the deceased with an axe, twice, on the back of the head.The appellant's account is so riddled with improbabilities that the ...
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SC15-15 : BVUMAI MACHENA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

The Court finds that the appellant lied when he said that he used his left hand to stab the deceased....,. It is not consistent with human knowledge and experience that a person lying on his back would stab the left side of his victim's chest who was lying on his ...
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HB150-16 : THE STATE vs CHEST MOYO
Ruled By: MATHONSI J

The presentation of the evidence of the State witnesses was generally satisfactory. Although a long time has lapsed since the events of the death of the deceased, the three witnesses still testified fairly well in what they observed. Only Gift Sibanda seemed to stray but only when asked to speculate about what could have caused the injuries ...
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HB150-16 : THE STATE vs CHEST MOYO
Ruled By: MATHONSI J

McNALLY JA, in Matambo v Mutsago 1996 (1) ZLR 101 (S)…, said: “However charmingly, smoothly or impressively Mr Mutsago made these statements, the fact is that they are mechanically impossible. If a witness says he saw water flowing uphill unaided by a pump, you do not judge his veracity by reference to his demeanor. You apply the law of ...
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HH111-15 : THE STATE vs KENNEDY PALIZA
Ruled By: MUSAKWA J and ASSESSORS: KUNAKA and MHANDU

Laison Paliza further explained that on the day of the assault, when the accused arrived home, the deceased was seated in the lounge. Asked if the deceased had attacked the accused (per Defence Outline) he obviously speculated that it might have been so as the deceased was of a violent disposition on account of not taking ...
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HB178-16 : THE STATE vs MARTIN MOYO
Ruled By: MOYO J

An accused person's defence can only be rejected if it is improbable, unreasonable and not possibly true.
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HMA09-18 : THE STATE vs SIKHALA ZHOU
Ruled By: MAWADZE J and ASSESSORS: GWERU and MUSHUKU

The question which falls for determination in this case relates to the circumstances under which the now deceased met his demise. The issue is whether the accused acted in self- defence when he stabbed the now deceased with the knife….,. All the witnesses who testified are not relevant on this point. The State case does not even ...
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HH22-13 : ELDRICK ELVIS MAVHURA vs THE STATE
Ruled By: HUNGWE J and MAVANGIRA J

The sixth and seventh grounds also raise the same issue; which is to the effect that the trial magistrate erred in failing to appreciate that the defence raised by the appellant was plausible and that it left a very remote possibility that the complainant could have been raped in the ...
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HMA15-18 : THE STATE vs CHIMANGAIDZO NDOU
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and MUSHUKU

The accused's version of events is not only illogical but cannot possibly be true….,. What makes the accused's version clearly improbable is that he hit the now deceased on the left side of the head; how had the now deceased fell on his back? The laws of motion dictate that the now deceased would, in all probabilities, ...
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HMA16-18 : THE STATE vs AITWITNESS MAPURISA
Ruled By: MAWADZE J and ASSESSORS: GWERU and DAURAMANZI

Dr Dzowa was of the view that in order to inflict such an injury severe force was used. This was informed by the fact that the knife perforated the skull and remained embedded in the other side of the skull. It could not be removed without going through the medical procedure he explained….,. Dr Dzowa commented on ...
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HMA33-17 : AUBREY CUMMINGS vs THE STATE
Ruled By: MAFUSIRE J

The court a quo manifestly misdirected itself by accepting the prosecutor's argument that the reason why the applicant might have been returned to her mother in 2013, or back then, was because the rape allegations had surfaced. The complainant did not say that. Sheena did not say that either. It was mere speculation.
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HMA27-18 : THE STATE vs FREDRICK CHAFADZA
Ruled By: MAFUSIRE J and ASSESSORS: GWERU and MUSHUKU

Dominic Mombeyarara Tofara said he was friends with both the accused and the deceased. This was not refuted. The accused tried to cast aspersions on his character by alleging that he was jealousy that they did not patronise his bottle store more frequently.
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HMA29-18 : THE STATE vs WIKLOVE VURAYAI and MUNYARADZI VURAYAI
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and NISH

The evidence of Accused 2, Munyaradzi Vurayai, is false in how both deceased persons were injured. In fact, it is so incredible that no reasonable court can accept such a poorly thought out account.
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HMT01-18 : THE STATE vs LUKE MUNGOZA
Ruled By: MWAYERA J and ASSESSORS: CHIPERE and CHAGONDA

The accused told the Court that he was acting in self defence and that when he cut the deceased, the deceased was actually on top assaulting him with clenched fists. The accused gave an incredible story of how he reached out for a knife on the ground using his leg while the deceased was mounting and ...
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HH516-17 : STATE vs ARNOLD JERI
Ruled By: TSANGA J and ASSESSORS: MTAMBIRA and MHANDU

In cross examination, Tatenda Gwata confirmed when asked that she had heard that the deceased was a sex worker but that she had not seen her solicit at the bar in question. Counsel for the accused had also put it to her that she herself was a sex worker like her friend before the court objected to ...
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HMA37-17 : THE STATE vs TAFIREI RUNESU
Ruled By: MAFUSIRE J and ASSESSORS: MUTOMBA and DHAURAMANZI

We have further discounted Jennifer Mushandu's evidence…, for being incompatible with probability, on the following aspects:(a) That she and the accused's wife, at the crucial moment, pushed the accused away and thereby bought him enough time to escape;(b) That the accused ought to have continued to run away along the ...
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HH515-17 : STATE vs MADALITSO RANCHI
Ruled By: TSANGA J and ASSESSORS: GWEME and MHANDU

The accused narrated how he had returned home on Friday the 24th of July 2015 from Malawi where he had travelled for three weeks to preach. He would go often to Malawi.He had knocked but had received no answer. The door was unlocked and he had opened. He heard voices ...
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Appealed HH61-06 : THE STATE vs MUNETSI KADZINGA
Ruled By: PATEL J and ASSESSORS: DANGAREMBIZI and TUTANI

Throughout the trial proceedings, the accused gave the impression of a witness who had fabricated his version of events beforehand and who was constrained to modify it as his testimony progressed in response to probing questions.The Court found the accused to be a thoroughly unsatisfactory witness and rejects his version ...
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HH72-06 : GIVEMORE CHIMANIKIRE vs THE STATE
Ruled By: PATEL J and HUNGWE J

In S v Moyo Anor SC12-93…, it was observed as follows:“A court cannot also decide on the basis of whose story is more probable and credible because of the burden of proof. If the defence version could reasonably possibly be true, although improbable, the accused must be acquitted.”
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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

Accused 1's story is illogical in that when disowning his warned and cautioned statement he said the police assaulted him in order to compel him to admit the offence; but, when it was pointed out to him that he actually denied the offence, he changed and alleged that the police ...
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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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HHB100-18 : ERASMUS DUBE vs ZIMBABWE ELECTRICITY TRANSMISSION DISTRIBUTION COMPANY
Ruled By: MAKONESE J

In Matambo v Mutsago 1996 (1) ZLR 101 (S)…, the Supreme Court stated the approach in evaluating the evidence where a witness makes an assertion that is mechanically impossible. McNALLY JA had this to say:“However charmingly, smoothly, or impressively Mr Mutsago made these statements, the fact is that they are ...
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HH15-20 : MARY MUBAIWA vs THE STATE
Ruled By: KWENDA J

It is not necessary for the court to speculate.
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HH42-12 : WILLARD CHAWIRA vs THE STATE
Ruled By: UCHENA J and MWAYERA J

The appellant was convicted on a charge of contravening section 3(1)(a) of the Sexual Offences Act [Chapter 9:21].He appealed to this court against both conviction and sentence.After hearing submissions from counsel for the parties we upheld his appeal and set aside his conviction and sentence. We indicated that our reasons ...
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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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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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HB12-15 : THE STATE vs TONGOONA MUCHAIRI
Ruled By: MUTEMA J and ASSESSORS: DHLULA and MOYO

The accused is facing a charge of murder; it being alleged that on 4 April 2014 at House Number 32443 Entumbane, Bulawayo, the accused did wrongfully, unlawfully, and intentionally kill and murder his elder brother Eddington Muchairi.According to the State summary, Annexure “A” the deceased was 40 years old at ...
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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 ...
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View Appeal HH458-18 : 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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View Appeal HH458-18 : 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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HB124-17 : THE STATE vs FREDDY SHAVI
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

The deceased, Nestai Ncube, was employed as a lecturer at the Midlands State University at the time she met her death. She was 48 years old. She had been married to the accused since 2001 and resided at their matrimonial home at 33 Wentworth Road, Southdowns, Gweru.The accused, who is ...
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HH482-16 : THE STATE vs PHILLIP MASHAVA
Ruled By: MWAYERA J and ASSESSORS: CHIDAWANYIKA and CHIPERE

Having been indicted to answer to a charge 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 charge.It is the State's contention, that, on 31 July 2015, and at Derust Farm Compound, Chipinge the accused, ...
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HB19-17 : THE STATE vs HEROLD MOYO
Ruled By: MAKONESE J and ASSESSORS: HADEBE and MOYO

On the 17th of April 2016, during the evening hours, the deceased was at Sisonke Quarter Bottle Store, Maphane Business Centre, Gwanda. The deceased was aged 29 years at the time he met his death and was employed by the Zimbabwe National Army as a soldier.The accused was also at ...
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View Appeal HB23-15 : THE STATE vs SAMSON MUTERO
Ruled By: KAMOCHA J

The 40 years old accused stands accused of the crime of murder which was alleged to have been committed on 20 September 2013 at Gore Village, under Chief Nyamhondo, in Mberengwa in the Midlands Province.He is alleged to have caused the death of Chipochashe Ndlovu, a female infant aged 3 ...
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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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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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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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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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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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