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Bulawayo High Court - 2020 July

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4 judgments
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Judgment date
July 2020
Chinosengwa v Mawere & 3 Ors (HB 160 of 2020; HC 1138 of 2020) [2020] ZWBHC 160 (30 July 2020)
Applicant failed to show urgency; interim interdict sought amounted to final relief and was struck off the urgent roll with costs.
Urgent applications — urgency test and queue-jumping; interlocutory interdicts vs final relief — final relief disguised as provisional; eviction not by urgent chamber application; material disputes of fact; costs follow result; late affidavit disregarded.
 30 July 2020
K & G Mining Syndicate v Mugangavari & 2 Ors (HB 159 of 2020; HC 2764 of 2017; XREF HC 2031 of 2015) [2020] ZWBHC 159 (30 July 2020)
An applicant may not use Rule 449 to substitute a non-existent ministry with the minister; such correction is substantive and impermissible.
Rule 449 – correction of judgments – mistake common to parties – limits of Rule 449; substitution of parties – introducing new party post-judgment impermissible; legal persona – Ministry not a juristic person; State Liabilities Act – Minister to be cited; void ab initio – citation of non-existent party.
 30 July 2020
S v Muguzumbi (HB 158 of 2020; HCB 314 of 2020) [2020] ZWBHC 158 (30 July 2020)
Applicant failed to discharge the evidentiary onus for bail; strong prima facie case and flight risk justified refusal.
Criminal procedure — Bail pending trial — Compliance with High Court (Bail) Rules — Onus on accused to show interests of justice where robbery involves firearm/GBH — evidentiary burden requires affidavits/evidence; strong prima facie case and attempt to flee render accused a flight risk — bail refused.
 30 July 2020
S v Bhebhe & 2 Ors (FIL 122 of 2020; HB 157 of 2020; HCB 147 of 2020; XREF HCA 53 of 2020) [2020] ZWBHC 157 (16 July 2020)
Bail pending appeal refused where appeal attacks sentence only and no positive grounds exist to justify release.
Criminal law — Bail pending appeal — Appeal attacking sentence only — Necessity of positive grounds for bail — Multiple night-time unlawful entries and theft — Trial court’s sentencing discretion respected.
 16 July 2020