Masvingo High Court - 2022 January

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3 judgments

Citation	Judgment date
January 2022
Moyo and 22 Others v SMM Holdings (Private) Ltd (Under Reconstruction) t/a SMMH Properties (2 of 2022) [2022] ZWMSVHC 2 (28 January 2022) Appellants cannot retain respondent's houses by a debtor-creditor lien; eviction upheld, each party to bear own costs. Property law — actio rei vindicatio — owner entitled to recover immovable property; Employment law — debtor-creditor lien not available to former employees (contract of service); Pleadings — unpleaded set-off/undertaking cannot ground defence to eviction; Costs — severable issues, costs follow success on each issue; appellate substitution of costs order.	28 January 2022
S v Muburirwa (4 of 2022) [2022] ZWMSVHC 4 (21 January 2022) Court imposed an effective two-year prison term for culpable homicide after balancing aggravating and mitigating factors. Criminal law – Culpable homicide – Sentencing – balancing aggravating factors (dangerous weapon, minor dispute, flight) and mitigating factors (first offender, guilty plea, remorse, compensation) – Partly suspended custodial sentence.	21 January 2022
S v Chewiro and Another (1 of 2022) [2022] ZWMSVHC 1 (18 January 2022) Bail pending appeal refused where applicants’ appeal prospects were poor and conviction supported by GPS, phone records and witness evidence. Criminal procedure – Bail pending appeal – Prospects of success on appeal; evaluation of trial court’s factual findings; weight of GPS vehicle-tracking and telephone records; occurrence book entries; public interest and risk of abscondment.	18 January 2022