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Criminal Cases

HMA08-16 : TAVONGA SHAVA vs THE STATE
Ruled By: MAFUSIRE J

3 and 8 November 2016 Bail-viz bail pending trial.Bail-viz rape.Procedural Law-viz expert evidence re determination of the age of an accused iro dental examination.Bail-viz bail ...

HMA07-18 : ADVANCE MASARA vs THE STATE
Ruled By: MAWADZE J and MAFUSIRE J

1 November 2017 and 31 January 2018 Procedural Law-viz criminal appeal.Procedural Law-viz final orders re ex tempore judgment iro the entitlement of a litigating parties to written ...

HMA07-16 : THE STATE vs BERNARD MAKUCHETE and RICHARD MAKUCHETE and RABSON MAKUCHETE
Ruled By: MAFUSIRE J and ASSESSORS: MUSHUKU and DHAURAMANZI

26 and 27 October 2016; 7 and 23 November 2016 Murder-viz mob assault.Murder-viz multiple assailants.Procedural Law-viz rules of evidence re expert evidence iro postmortem report.Procedural Law-viz rules of evidence re ...

HMA06-17 : COLLEN CHIPETU vs STATE
Ruled By: MAFUSIRE J

3, 7 and 14 February 2017 Bail--viz bail pending trial.Bail-viz theft.Procedural Law-viz rules of evidence re digital evidence iro cellphone subscriber identity module.Procedural law-viz rules of ...

HMA05-18 : THE STATE vs BRIAN DHLAMINI
Ruled By: MAWADZE J and MAFUSIRE J

19 January 2018 Procedural Law-viz criminal review re automatic review.Procedural Law-viz criminal review re section 29 of the High Court Act [Chapter 7:06].Procedural ...

HMA05-17 : THE STATE vs JOYCE TAVARWISA
Ruled By: MAWADZE J and ASSESSORS: DHAURAMANZI and GWERU

26 January and 10 February 2017 Procedural Law-viz application for discharge at the close of the State case re section 198(3) of the Criminal Procedure and ...

HMA04-19 : THE STATE vs NHEMA NYAMAYEVHU
Ruled By: MAWADZE J and ASSESSORS: NISH and CHADEMANA

21 January 2019 Procedural Law-viz findings of fact re concessions between counsel iro the Statement of Agreed Facts.Procedural Law-viz findings of fact re ...

HMA04-18 : THE STATE vs REKAI MABONGA and SILENCE CHANDIREKERA
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and DHAURAMANZI

18 January 2018 Sentencing-viz culpable homicide.Murder-viz culpable homicide re section 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules ...

HMA04-17 : THE STATE vs EDWARD MUCHINI
Ruled By: MAWADZE J and ASSESSORS: DHAURAMANZI and GWERU

23 January, and 10 February 2017 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz defence of person re section 253(1) of ...

HMA03-19 : STATE vs JOHANIS MUKWENA
Ruled By: MAFUSIRE J and MAWADZE J

17 January 2019 Procedural Law-viz criminal review.Procedural Law-viz final orders re judicial misdirections iro the injudicious exercise of discretion.Sentencing-viz the principle of equality ...

HMA03-18 : THE STATE vs NUNURAI MASHINGAIDZE
Ruled By: MAWADZE J and MAFUSIRE J

17 January 2018 Procedural Law-viz criminal review re inherent review powers of the High Court iro section 29 of the High Court Act ...

HMA03-17 : THE STATE vs FUNGAI MICHAEL CHITEPO
Ruled By: MAFUSIRE J and MAWADZE J

6 February 2017 Procedural Law-viz criminal review.Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Indictment-viz framing of charges.Charge-viz framing of ...

HMA03-16 : THE STATE vs JEALOUS NEMARINGA and PATRICK MARUFU
Ruled By: MAFUSIRE J

3, 12 and 17 October 2016 Bail-viz bail pending trial re bail pending continuation of a postponed trial.Bail-viz bail pending trial re bail pending resumption of ...

HMA02-18 : MAVESE MAPFUMO vs THE STATE
Ruled By: MAWADZE J and MAFUSIRE J

1 November 2017; 17 and 24 January 2018 Procedural Law-viz criminal appeal.Theft-viz theft of trust property re section 113(2)(d) of the Criminal Law (Codification and Reform) Act [Chapter ...

HMA02-17 : THE STATE vs NICHOLAS MUTENDERA
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and MUTOMBA

19 and 27 January 2017 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Defence of Person-viz self defence re section 253(1) ...

HMA02-16 : THE STATE vs COLLET BAIRA MANZONZA
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and GWERU

28 and 29 September and 10 October 2016 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz self defence.Procedural Law-viz rules of evidence re ...

HMA01-16 : THE STATE vs KINGDOM HLAHLA
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and GWERU

15 September 2016 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz culpable homicide re section 49 of the ...

HHMA22-18 : SIMBARASHE CHARUMA and PRINCE CHINDAWANDE vs THE REPUBLIC OF SOUTH AFRICA and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAFUSIRE J

1 and 13 February 2018; 9 March 2018 Bail-viz bail pending extradition re section 17 of the Extradition Act [Chapter 9:08].Procedural Law-viz rules of evidence re digital evidence ...

HHH99-15 : COSMAS NYAMBARA vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL and DETECTIVE CONSTABLE MUUYA and DETECTIVE SEARGENT MUSEKIWA
Ruled By: DUBE J

29 October 2014, 17 and 28 November 2014 and 4 February 2015 Procedural Law-viz rules of evidence re police investigations iro informants.Procedural Law-viz criminal arrest re arrests based upon information received from ...

HHH964-15 : ECONET WIRELESS (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY and COMMISSIONER GENERAL and STEWARD BANK LTD and CBZ BANK LTD and NMB BANK LTD and STANBIC BANK LTD
Ruled By: MUSAKWA J

29 October 2014, 25 November and 14 December 2015 Sentencing-viz admission of guilt fines re section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07].Procedural Law-viz rules of ...

HHH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

28 February 2011; 1 March 2011, 7 October 2011 and 6 March 2012 Procedural Law-viz rules of evidence re police investigations iro anonymous tip-off.Procedural Law-viz rules of evidence re police investigations iro anonymous ...

HHH89-10 : NATHAN CHILUFYA vs COMMISSIONER GENERAL OF POLICE and CO MINISTERS OF HOME AFFAIRS and OFFICER IN CHARGE ZRP CHIKURUBI DETENTION BARRACKS and CHIEF SUPT MUTODZA
Ruled By: UCHENA J

17, 18, and 21 May 2010 Procedural Law-viz review re automatic review iro section 29 of the High Court Act [Chapter 7:06].Procedural Law-viz review re record ...

HHH86-09 : CHAWASARIRA TRANSPORT (PVT) LTD vs THE RESERVE BANK OF ZIMBABWE
Ruled By: BHUNU J

18 March 2009 and 19 August 2009 Banking Violations-viz exchange control.Sentencing-viz banking violations.Indictment-viz prosecution of a company.Charge-viz prosecution of a corporate entity.Sentencing-viz approach re sentencing of a ...

HHH84-10 : ALBERT MATAPO and OTHERS vs MAGISTRATE BHILA and THE ATTORNEY GENERAL
Ruled By: UCHENA J

29 April, 10 and 14 May 2010 Escaping from lawful custody-viz section 185 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz postponement of proceedings.Procedural ...

HHH823-15 : AT INTERNATIONAL LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

21 January and 21 October 2015 Procedural Law-viz rules of evidence re documentary evidence iro public documents.Procedural Law-viz documentary evidence re public documents iro section 12 ...

HHH818-15 : NAOMI MUKUNDU vs LAWRENCE CHIGUMADZI and TAKUNDA GUMBO and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

29 July and 15 September 2015 Sentencing-viz prison conditions re children iro section 81 of the Constitution.Sentencing-viz incarceration conditions re minors iro section 81 of the ...

HHH76-10 : ROSEMARY CHINJAYANI vs MINISTER OF HOME AFFAIRS AND COMMISSIONER OF POLICE AND ANOTHER
Ruled By: UCHENA J

14 and 27 April 2010 and 3 May 2010 Criminal Law-viz seizure without a warrant iro proceeds from fraudulent activities.Please refer to Note 8 of "Help?".

HHH710-16 : TENDAI MANGWIRO vs DR IGNATIUS CHOMBO
Ruled By: TSANGA J

9 and 16 November 2016 Procedural Law-viz rules of evidence re police investigations iro search and seizure.Procedural Law-viz police investigations re search and seizure of ...

HHH658-15 : CHARLES NGONI vs MINISTER OF HOME AFFAIRS and THE COMMISSIONER OF POLICE and OFFICER CHIMEDZA
Ruled By: TSANGA J

16 and 29 July 2015 Procedural Law-viz constitutional rights re criminal arrest.

HHH656-15 : INNOCENT CHITIKI vs PAN AFRICAN MINING (PRIVATE) LIMITED
Ruled By: CHIGUMBA J

1 and 16 June 2015, 29 July 2015 Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of evidence re onus iro standard of ...

HHH63-16 : ASWEL NYANZARA vs MBADA DIAMONDS (PRIVATE) LIMITED
Ruled By: CHITAPI J

17 November 2015: 13 January 2016 Labour Violations-viz unfair labour practices re section 13 of the Labour Act [Chapter 28:01].Sentencing-viz sentencing approach re compensatory orders iro ...

HHH595-15 : MAKANDI TEA AND COFFEE ESTATE (PVT) LTD vs THE ATTORNEY GENERAL OF ZIMBABWE N.O. and V. GAPARA N.O.
Ruled By: MAKONI J

7 November 2014 and 1 July 2015 Procedural Law-viz review re unterminated proceedings.Procedural Law-viz review re incomplete proceedings.Land Acquisition-viz lawful authority to occupy gazetted land re investment ...

HHH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

30 July 2014, 7 July 2014, 23 and 26 September 2014 and 17 June 2015 Procedural Law-viz rules of evidence re corroborative evidence iro pervasive influence.Procedural Law-viz rules of evidence re corroborative evidence iro partisan ...

HHH550-15 : 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

26 May 2015, 17 June 2015 Procedural Law-viz review proceedings re statutory powers of the High Court iro Part IV of the High Court Act [Chapter ...

HHH54-10 : ANDREW BRUFORD vs ATTORNEY GENERAL
Ruled By: BHUNU J

12 March 2010 Procedural Law-viz final orders re entitlement of litigating parties to written reasons for judgment iro interlocutory judgments.Procedural Law-viz postponement of ...

HHH487-15 : MR AND MRS CHIMUZA vs OSWALD DZEPASI
Ruled By: MWAYERA J and TAGU J

31 March 2015 and 27 May 2015 Procedural Law-viz procedure as continuation of proceedings in the event of the incapacitation of the hearing officer.Procedural Law-viz jurisdiction re ...

HHH443-15 : MHANGURA COPPER MINES LIMITED vs TAYENGWA MUSKWE
Ruled By: HUNGWE J

18, 29 July 2008 and 13 May 2015 Procedural Law-viz rules of evidence re trial within a trial iro inadmissible evidence.Indictment-viz exception re evidential exception.Charge-viz exception re evidential ...

HHH427-15 : THE PROSECUTOR GENERAL vs PHIBEON BUSANGABANYE and MAGISTRATE N MUPEIWA N.O.
Ruled By: MATHONSI J

24 April 2015 Procedural Law-viz rules of evidence re physical evidence iro Disposal Order.Procedural Law-viz physical evidence re disposal orders iro section 61(1) ...

View Appeal HHH351-20 : THE SHERIFF OF ZIMBABWE and GURTA AG vs ANDERSON MANJA AND 98 OTHERS
Ruled By: CHIKOWERO J

20 May 2020 and 3 June 2020 Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of evidence re onus iro standard of ...

HHH314-14 : TERERAI MUGWADI vs MTANDAZO DUBE and ZIMBABWE NEWSPAPERS (1980) LIMITED and EDDIE DHLIWAYO
Ruled By: CHIGUMBA J

20, 21, 22 May 2014, 18 June 2014 Defamation-viz criminal defamation.Defamation-viz criminal defamation re the constitutional right to freedom of expression.

HHH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

10 November 2017 and 13 June 2018 Indictment-viz double jeopardy re section 70 of the Constitution.Charge-viz double jeopardy re section 70 of the Constitution.

HHH29-09 : FIDELIS CHIRAMBA and OTHERS vs MINISTER OF HOME AFFAIRS N.O. and COMMISSIONER GENERAL OF POLICE and OFFICER COMMANDING CID HOMICIDE, Chief Supt. MAKEDENGE and DETECTIVE CONSTABLE MUUYA
Ruled By: HUNGWE J

11 November 2008 Indictment-viz constitutional rights re arrest, detention and appearance before the court iro habeas corpus proceedings.Procedural Law-viz rules of evidence re ...

HHH233-10 : YAKUB SURTEE vs SHAUN EVANS and PAUL FRIENDSHIP and COLLIN MacMILLIAN and RODNEY FINNIGAN and ACROSS ENTERPRISES PL
Ruled By: MTSHIYA J

30 July 2010, 13 August 2010 and 27 October 2010 Sentencing-viz sentencing approach re corporate entities.Procedural Law-viz affidavits re commissioning.

HHH229-15 : IZAYI PARK HOUSING SCHEME (represented by ELINAS GUMBO) vs SHADRECK GWENA and OTHERS
Ruled By: TAGU J

23, 24, 26 February and 11 March 2015 Procedural Law-viz rules of evidence re police investigations iro search without a warrant.Procedural Law-viz rules of evidence re police investigations ...

HHH156-11 : TENDAI BITI vs CHIEF SUPERINTENDENT MAJUTA and SENIOR ASSISTANT COMMISSIONER NYATHI and COMMISSIONER GENERAL CHIHURI and ECONET WIRELESS ZIMBABWE LIMITED
Ruled By: BHUNU J

13 June 2011 Procedural Law-viz warrant of entry re section 54(2) of the Criminal Procedure and Evidence Act [Chapter 9:07].Procedural Law-viz rules of ...

HHH147-15 : TENDAI MANGWIRO vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER-GENRAL OF POLICE and OFFICER IN CHARGE CID SUSPECTS HARARE CENTRAL POLICE and DETECTIVE INSPECTOR MUKAMBI
Ruled By: MUSAKWA J

9 April 2014 and 18 February 2015 Procedural Law-viz rules of evidence re police investigations iro claim for return of seized property.Procedural Law-viz rules of evidence re ...

HHH140-15 : CHIEF SUPERINTENDENT MOYO and PROSECUTOR GENERAL vs OMEGA CHATYOKA
Ruled By: MTSHIYA J

19 January 2015 and 11 February 2015 Procedural Law-viz rules of evidence re findings of fact iro candidness with the court.Procedural Law-viz rules of evidence re findings ...

HHH138-11 : DAVID MUYAMBO vs JOHN NGOMAIKARIRA and RICHARD MASHAMBA and RAY MAVHEYA and ROGER WHITTAL and COMMISSIONER-GENERAL OF POLICE and MINISTER OF HOME AFFAIRS
Ruled By: PATEL J

11 to 12 January 2011 and 7 July 2011 Procedural Law-viz criminal arrest re arrest without a warrant.Procedural Law-viz criminal detention re arrest without warrant.

HHH127-15 : NATIONAL PROSECUTING AUTHORITY vs NOEL MUPEYIWA (as Regional Magistrate) and NAVISTER INSURANCE BROKERS PL and GIVEMORE NDERERE and VHUKILE HLUPO and OTTEN CHAKAWA
Ruled By: BHUNU J

12 January and 11 February 2015 Indictment-viz criminal prosecution of a company in liquidation.Charge-viz criminal prosecution of a company under judicial management.Summons-viz criminal prosecution of a ...

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