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Criminal Cases

HHH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

15 and 27 October 2009 Procedural Law-viz rules of evidence re subpoena iro subpoena ad testificandum.Procedural Law-viz rules of evidence re subpoena iro witness summons.Procedural ...

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

20, 21 and 28 May 2009 and 4 November 2009 Procedural Law-viz rules of evidence re prevaricative evidence.Procedural Law-viz rules of evidence re approbating and reprobating a course in proceedings.Procedural ...

HHH101-15 : MICHAEL LESLIE MITCHELL STUBBS vs RENE STUBBS (nee DU PLOOY)
Ruled By: UCHENA J

28 and 29 January 2015 Procedural Law-viz findings of fact re agreements between counsel brokered by the court iro Rule 183 of the High Court ...

HHH100-15 : MUNYARADZI CHIKUSVU vs MAGISTRATE T. MAHWE
Ruled By: BHUNU J and UCHENA J

25 January 2015 and 4 February 2015 Procedural Law-viz review.Shop Licencing-viz section 43(2) of the Shop Licences Act [Chapter 14:17].Procedural Law-viz rules of evidence re documentary evidence ...

HHH08-10 : CFX BANK LIMITED vs RTO ENGINEERING [PRIVATE] LIMITED and MESSENGER OF COURT
Ruled By: KARWI J

20 January 2010 Sentencing-viz corporate entities.Sentencing-viz restitution re section 372 of the Criminal Procedure and Evidence Act [Chapter 9:07].Sentencing-viz compensatory orders re section ...

HHH01-14 : NDOMUPEI TIVENGE vs THE STATE and MRS MUGWAGWA, ESQUIRE
Ruled By: MATANDA-MOYO J

24 December and 8 January 2014 Procedural Law-viz application for discharge at the close of the State case re section 198 of the Criminal Procedure and ...

HHH01-08 : SIMON FRANCIS MANN vs THE REPUBLIC OF EQUATORIAL GUINEA
Ruled By: MAKARAU JP and PATEL J

26 July 2007 and 23 January 2008 Procedural Law-viz application for discharge re the concept of a prima facie case.Procedural Law-viz application for discharge re preparatory examination.

HHB77-10 : ACIL MARKETING (PVT) LTD t/a BOOT LEGGERS BOTTLESTORE vs INSPECTOR RUKUNDA and COMMISSIONER GENERAL OF POLICE and CO-MINISTER OF HOME AFFAIRS
Ruled By: NDOU J

19 and 22 July 2010 Procedural Law-viz rules of evidence re physical evidence iro forfeiture.Procedural Law-viz rules of evidence re physical evidence iro forfeiture order. ...

HHB44-10 : R. H GREAVES (PVT) LTD vs THE MINISTER OF LANDS, AND RURAL RESETTLEMENT and THE COMMISSIONER OF POLICE and OTHERS
Ruled By: CHEDA J

10 June 2010 and 25 June 2010 Procedural Law-viz rules of evidence re police investigations.Procedural Law-viz police investigations re evasion of justice iro fugitive from justice.

HHB40-09 : ERICK TANGWARA vs BHEKISIPO FUYANA
Ruled By: CHEDA J

5 March 2009 and 2 April 2009 Procedural Law-viz professional ethics.Procedural Law-viz recusal re judicial bias.

HHB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

2 and 12 February 2015 Procedural Law-viz rules of evidence re improbable evidence.Procedural Law-viz rules of evidence re implausible evidence.

HHB241-16 : FRANCIS MOYO vs COMMISSIONER GENERAL OF POLICE N.O. and SUPERITENDENT NYAMAROPA N.O. and CO-MINISTER OF HOME AFFAIRS N.O.
Ruled By: TAKUVA J

3 June and 29 September 2016 Procedural law-viz appeal re record of proceedings of the trial court.Procedural Law-viz review re record of proceedings of the trial ...

View Appeal HHB23-15 : THE STATE vs SAMSON MUTERO
Ruled By: KAMOCHA J

28, 29 and 30 January 2015 Murder-viz murder with actual intent.Sentencing-viz murder with actual intent.Sentencing-viz murder committed in aggravating circumstances.

HHB179-11 : SAMUEL KUFANDADA vs SUPERINTENDANT PILATE MOYO and CHIEF SUPERINTANDANT MATANGE and SUPERITENDANT MOYO and SUPERINTENDANT ZULU and COMMISSIONER GENERAL POLICE
Ruled By: KAMOCHA J

17 and 24 November 2011 Procedural Law-viz subpoena re compellable witness iro section 18(3)(e) of the Constitution of Zimbabwe.Procedural Law-viz subpoena re competent witness iro ...

HHB153-11 : JONA NDALAMA vs CHIEF SUPERINTENDENT – HAPPYMORE SIGAUKE and COMMISSIONER GENERAL – AUGUSTINE CHIHURI
Ruled By: NDOU J

28 January and 13 Ocotber 2011 Procedural Law-viz criminal appeal re findings of fact made by the trial court.Procedural Law-viz criminal appeal re leave to appeal ...

HHB142-16 : WILTSHIRE EXPLOSIVES PL vs OLYMPUS GOLD ZIMBABWE LTD t/a GOLDEN QUARRY MINE and FALCON GOLD LTD t/a DALNY MINE and CASMYN MINING ZIMBABWE PL and OLYMPUS GOLD LTD t/a OLD NIC MINE
Ruled By: MATHONSI J

31 May 2016, 1 June and 9 June 2016 Procedural Law-viz rules of evidence re admissions iro section 36 of the Civil Evidence Act [Chapter 8:01].

HHB14-11 : MAROWA NYAMANDE vs THE MINISTER OF HOME AFFAIRS and COMMISSIONER GENERAL OF THE ZIMBABWE REPUBLIC POLICE and CHIEF SUPERINTENDENT NCUBE (N.O.) and ATTORNEY-GENERAL'S OFFICE
Ruled By: KAMOCHA J

21 January and 3 February 2011 Charge-viz framing of charge re alternative charges.Indictment-viz framing of charges re alternative charges iro section 145 of the Criminal Procedure ...

HHB112-16 : ZIMBABWE REVENUE AUTHORITY vs SIKHANYISIWE MPOFU and CHRISTIAN NDLOVU and T. TASHAYA N.O.
Ruled By: MATHONSI J

15 and 21 April 2016 Procedural Law-viz constitutional right to a fair trial re the audi alteram partem rule.Procedural Law-viz sentencing re approach.Procedural Law-viz rules ...

HHB105-14 : MARIA MANOLAKAKIS vs ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

31 June 2012 and 10 July 2014 Procedural Law-viz rules of evidence re written document iro disputed handwriting.Procedural Law-viz rules of evidence re documentary evidence iro disputed ...

HHB100-18 : ERASMUS DUBE vs ZIMBABWE ELECTRICITY TRANSMISSION DISTRIBUTION COMPANY
Ruled By: MAKONESE J

8 and 9 February and 26 April 2018 Procedural Law-viz rules of evidence re improbable evidence.Procedural Law-viz rules of evidence re implausible evidence.

HHB03-15 : LUBECK INVESTMENTS (PVT) LTD t/a HIGHER LEARNING CENTRE vs BESTER DUNDUZA
Ruled By: TAKUVA J

18 June 2014 and 15 January 2015 Indictment-viz concurrent civil and criminal proceedings iro double jeopardy.Charge-viz concurrent criminal and civil proceedings iro section 4 of the Criminal ...

HH99-13 : THE STATE vs MISHECK MANZIYO
Ruled By: HUNGWE J and MAVANGIRA J

27 March 2013 Procedural Law-viz criminal review.Procedural Law-viz criminal review re conviction.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz criminal review re ...

HH99-11 : THE STATE vs ELTON MANGOMA
Ruled By: BHUNU J

16 May 2011 and 18 May 2011 Criminal Abuse of Duty-viz violation of tender procedures re section 30 of the Procurement Act [Chapter 22:14].Criminal Abuse of Duty-viz ...

HH98-13 : THE STATE vs TEDIUS MUZANENHAMO and TAURAI HOGO
Ruled By: HUNGWE J

10 April 2013 Procedural Law-viz criminal review.Procedural Law-viz criminal review re statutory review period iro section 57(1) of the Magistrates Court Act [Chapter ...

HH98-11 : REUBEN ADMIRAL CHINOTSA vs THE STATE
Ruled By: OMERJEE J and MUSAKWA J

19 and 31 May 2011 Procedural Law-viz criminal appeal re conviction and sentence.Firearms Violation-viz securing a firearm re section 28(2) of the Firearms Act [Chapter ...

HH97-10 : THE STATE vs WEBSTER STANLEY
Ruled By: OMERJEE J and MAVANGIRA J

1 and 9 June 2010 Parks and Wildlife Management-viz section 45(1)(a) of the Parks and Wildlife Act [Chapter 20:14] re poaching.Parks and Wildlife Management-viz section ...

HH966-15 : THE STATE vs GARIKAI CHIPENI
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and GONZO

30 and 31 January 2014, 26 February 2014 and 20 May 2015 Procedural Law-viz professional ethics.Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence ...

HH96-13 : CHARLES KATEWERA and PARTSON MUNAKU JONGWE vs THE STATE
Ruled By: MWAYERA J

6 March 2013 Theft-viz theft of trust property re section 113(2)(d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Theft-viz theft of ...

HH96-11 : MAUYANEI MANDEBVU vs THE STATE
Ruled By: OMERJEE J and MUSAKWA J

17 and 19 July 2011 Procedural Law-viz criminal appeal re conviction and sentence.Sexual Offences-viz rape re section 65(1) of the Criminal Law (Codification and Reform) ...

HH94-10 : THE STATE vs NIVEO PRANDINI
Ruled By: KUDYA J and CHITAKUNYE J

2 JUNE 2010 Procedural Law-viz criminal review.Procedural Law-viz criminal review re review proceedings at the instance of a complainant subsequent to an acquittal ...

HH92-12 : THE STATE vs IDEA RUKWARIPO
Ruled By: BERE J and ASSESSORS: DAURAMANZI and MUSHUKU

31 May 2011 Criminal Law-viz charge re murder iro murder with constructive intent.Criminal Law-viz sentence re murder iro fourteen years.

HH90-15 : PASSMORE MEREKI vs THE STATE
Ruled By: CHATUKUTA J and MANGOTA J

14 and 29 January 2015 Procedural Law-viz criminal appeal.Procedural Law-viz rules of evidence re findings of fact iro concessions between counsel.Procedural Law-viz rules of evidence ...

HH89-15 : MICHAEL HAMUFARI GABAZA vs THE STATE
Ruled By: CHATUKUTA J and MANGOTA J

21 and 23 January 2015 Procedural Law-viz criminal appeal.Tax Violations-viz section 174(2) of the Customs and Excise Act [Chapter 23:02] re customs duty iro possession ...

HH89-12 : THE STATE vs PIKIRAI MAMBODO
Ruled By: BERE J and ASSESSORS: DAURAMANZI and MUSHUKU

1 June 2011 and 2 June 2011 Murder-viz mob assault re the doctrine of common purpose.Murder-viz multiple assailants re the doctrine of common purpose.Procedural Law-viz rules of ...

HH88-13 : THABANI MPOFU and FELIX FINR FANI and WARSHIP DUMBA and METHULI TSHUMA vs THE STATE
Ruled By: BHUNU J

26 March 2013 and 27 March 2013 Procedural Law-viz consolidation of matters.Bail-viz Official Secrets and the Unlawful Communication of Official Information.Bail-viz firearms violation.Bail-viz approach.Bail-viz bail pending trial ...

HH88-10 : THE STATE vs BEATRICE MATARE
Ruled By: MAVANGIRA J

6 and 7 May 2010 Bail-viz armed robbery.Armed Robbery-viz section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Accomplice-viz armed robbery.Bail-viz strength of ...

HH87-15 : GOLDEN MUTIZE vs THE STATE
Ruled By: CHATUKUTA J and MANGOTA J

14 and 28 January 2015 Procedural Law-viz criminal appeal.Attempting to Commit an Offence-viz section 189(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] ...

HH87-09 : THE STATE vs STANDRECH CHIRINDA AND MUKETIWA MUNEMO AND LANGTON MUROZVI AND PETER GUNURA CHASARA
Ruled By: UCHENA J and BHUNU J

29 July 2009 Unlawful Entry-viz elements of the crime of unlawful entry.Procedural Law-viz rules of evidence re admissions iro unlawful entry.Procedural Law-viz pleadings ...

HH85-12 : THE STATE vs MACHEKA SHANGWA AND WELLINGTON SHANGWA
Ruled By: BERE J and ASSESSORS: DAURAMANZI and MUSHUKU

7 and 8 June 2011 Criminal Law-viz charge re culpable homicide iro doctrine of common purpose.Criminal Law-viz charge re culpable homicide iro negligence.Criminal Law-viz sentence ...

HH84-15 : EDMORE CHAGONDA vs THE STATE
Ruled By: HUNGWE J and BERE J

3 July 2014 and 8 January 2015 Procedural Law-viz criminal appeal.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz fraud.Procedural Law-viz appeal re ...

HH84-13 : THE STATE vs MAXIM MATSETU
Ruled By: UCHENA J and BERE J

4 March 2013 Procedural Law-viz criminal review.Murder-viz culpable homicide re section 49(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz culpable ...

HH831-15 : THE STATE vs MAHOKO WANKIE
Ruled By: MAFUSIRE J and TSANGA J

21 October 2015 Procedural Law-viz criminal review re section 58(3) of the Magistrates Court Act [Chapter 7:10].Sentencing-viz culpable homicide re road traffic accident.Murder-viz ...

HH83-15 : THE STATE vs ELISHA SANGO
Ruled By: DUBE J

21 January 2015 Procedural Law-viz review judgment.Procedural Law-viz contempt of court re section 182 of the Criminal Law (Codification and Reform) Act [Chapter ...

HH83-09 : THE STATE vs MORISHA MAHOVE & ANOR AND ELEVEN OTHER MATTERS
Ruled By: CHITAKUNYE J and KUDYA J

8 July 2009 Sentencing-viz unlawful entry re youthful first offender.Sentencing-viz theft re youthful first offender.Sentencing-viz tariff approach re judicial discretion.Sentencing-viz uniformity of sentences ...

HH82-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs BEATRICE TELE MTETWA and RUMBIDZAI MUGWAGWA ESQUIRE
Ruled By: MAWADZE J

26, 30 October 2015 and 27 January 2016 Procedural Law-viz citation re party acting in an official capacity iro nominus officiae.Procedural Law-viz appeal re leave to appeal.Defeating the ...

HH81-15 : NEWLIFE SIBANDA and ZIVANAI KULUMBA vs THE STATE
Ruled By: CHATUKUTA J and MANGOTA J

14 and 22 January 2015 Procedural Law-viz criminal appeal.Assault-viz section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz assault.Procedural Law-viz rules of ...

HH80-15 : OLEX MAMOCHE vs THE STATE
Ruled By: HUNGWE J and MANGOTA J

3 July 2014 and 28 January 2015 Procedural Law-viz criminal appeal.Stock Theft-viz section 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock theft.Procedural Law-viz ...

HH80-14 : OBERT NYAHUNA vs THE STATE
Ruled By: BERE J and TAGU J

13 February 2014 and 25 February 2014 Procedural Law-viz criminal appeal re conviction and sentence.Sentencing-viz attempted murder.Sentencing-viz assault.Procedural Law-viz rules of evidence re expert evidence iro medical ...

HH80-12 : THE STATE vs ENERST MUPFARANYUKI
Ruled By: BHUNU J and DUBE J

15 February 2012 Criminal Law-viz charge re rape iro eleven year old girl.Criminal Law-viz charge re rape iro cautionary rule of practice.

HH794-16 : STATE vs EDMORE KARADZANGARE
Ruled By: CHITAPI J and ASSESSORS: CHIDYAUSIKU and BARWA

18, 19 and 20 July 2016 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz plea of guilty proceedings.Charge-viz guilty plea proceedings.Indictment-viz ...

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