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Citation
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Judgment date
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| September 2022 |
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Eviction application dismissed because unavoidable material disputes of fact arose over share sale and inclusion of the property.
Property law – eviction – actio rei vindicatio – defences based on lawful possession and purchase of shares; Company/share sale – whether sale included immovable property; Civil procedure – material disputes of fact in application proceedings – dismissal versus referral to trial; Prior litigation and foreseeability of disputes affecting choice of procedure
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28 September 2022 |
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Court granted removal of executor on default but exercised discretion, deleted a provision affecting third parties, and awarded ordinary costs.
Administration of Estates Act s85 – removal of executor dative; default judgment – judicial discretion to seek clarification; testate v intestate succession; validity of estate registration; joinder of beneficiaries; protection of third-party purchasers; costs
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7 September 2022 |
| July 2022 |
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Accused convicted of murder with constructive intent for fatally striking elderly man with a metal bar stool; sentenced to 15 years.
Criminal law – Murder with constructive intent – evidentiary assessment of medical and eyewitness testimony – blunt force head injury by metal bar stool – credibility and sentencing discretion under s.47(3)(b).
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28 July 2022 |
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Court grants divorce; awards Chesvingo shop to plaintiff, splits Zimre 60/40, awards Rujeko house and custody to defendant, orders maintenance.
Family law – Divorce – Division of matrimonial property under s 7 Matrimonial Causes Act – Jointly registered immovable property gives rise to rebuttable presumption of equal ownership – Court may adjust shares based on financial and domestic contributions, commercial value, and prior awards – Maintenance and custody orders for minor child
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27 July 2022 |
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Appeal against rape conviction dismissed; identification evidence and parade upheld, sentence reduced for youthful first offender.
Criminal law — Rape — Visual identification and mistaken identity — Properly conducted identification parade — Credibility of witnesses — Sentence reduction for youthful first offender.
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25 July 2022 |
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Culpable homicide for negligent excessive force in response to assault; effective two-year imprisonment imposed.
Criminal law – Culpable homicide (negligent causing of death) – Excessive self-defence – Role of victim's aggression in mitigation – Sentencing: mitigation (first offender, dependants, pre-trial incarceration) versus deterrence.
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21 July 2022 |
| June 2022 |
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Wife lacked locus standi to evict husband’s paramour from matrimonial home because she was not the registered owner.
Family law – Matrimonial property – Locus standi in eviction proceedings – Actio rei vindicatio requires ownership; wife’s rights are personal inter se and do not ordinarily confer right to evict third parties; constitutional equality and need for reform noted
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8 June 2022 |
| March 2022 |
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Applicant cannot obtain provisional interdict amounting to specific performance while respondents' contract cancellation remains unchallenged.
Provisional interdict — requirements: clear or prima facie right, irreparable harm, balance of convenience; Cancellation of contract — unilateral effect on communication; Interdict as indirect specific performance — cannot be granted where cancellation not set aside
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16 March 2022 |
| February 2022 |
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Accused's discharge denied: prosecution proved a prima facie murder case requiring accused's explanation.
Criminal law – discharge at close of prosecution – prima facie case – causation/link to death – circumstantial and eyewitness evidence – necessity of accused’s evidence.
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22 February 2022 |
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Applicant failed to prove the pack shed was on his land or that the lease was unlawfully obtained; application dismissed.
Land law – lease cancellation – challenge to State-granted lease – proof of location of disputed structure – allegations of misrepresentation to obtain lease – applicability of Acquisition of Farm Equipment or Material Act [Chapter 18:23]
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14 February 2022 |
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Juvenile convicted of murder; mental disorder did not negate responsibility but diminished responsibility led to a non‑custodial sentence.
Criminal law – murder (s 47) – mental disorder and criminal capacity (s 227) – diminished responsibility (s 218) as mitigation – juvenile offender sentencing – PTSD and clinical depression as factors reducing moral blameworthiness.
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11 February 2022 |
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Adult received an immediate custodial sentence for a fatal gang assault; juvenile participant treated as a special category and given a wholly suspended sentence.
Criminal law – s49 Criminal Law (Codification and Reform) Act – death from gang assault; sentencing – aggravating factors (gang assault, concealment of body, degree of negligence) and mitigating factors (guilty plea, first‑offender, cooperation); juvenile offender treated as special category – suspended sentence.
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8 February 2022 |
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Court confirmed provisional vehicle attachment to found jurisdiction, imposing a ten‑day deadline to institute the main damages claim.
Civil procedure — Attachment to found/confirm jurisdiction — peregrinus — attachment ex parte — proof of beneficial ownership — vicarious liability — High Court Act s15 — time limit to institute main action
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7 February 2022 |
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Provocation reduced the charge to culpable homicide; effective sentence of eight years imprisonment imposed.
Criminal law – Culpable homicide – Provocation and loss of self-control (s 239(1)) – Aggravating conduct (use of lethal weapon, concealment, flight) – Mitigation (first offender, guilty plea, family responsibilities, remand time) – Sentence balancing.
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7 February 2022 |
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Provocation reduced potential murder to culpable homicide; accused sentenced to an effective eight years' imprisonment.
:[
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7 February 2022 |
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Effective five‑year imprisonment for culpable homicide of elderly father; guilty plea mitigated but deterrent sentence imposed.
Criminal law – Culpable homicide – Sentence – Aggravating factors: elderly vulnerable victim, familial relationship, use of weapons and severe force – Mitigation: guilty plea, remorse, first offender status, pre‑trial custody – Deterrence and protection of life.
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3 February 2022 |
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Failure to give mandatory sixty days' notice under s196(1) of the Customs and Excise Act is fatal and bars proceedings against ZIMRA.
Customs and Excise Act s196(1) — Mandatory sixty days' notice under State Liabilities Act — ZIMRA as agent of the State — Failure to give notice fatal to suit — No judicial discretion to dispense with notice
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2 February 2022 |
| January 2022 |
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Former employees cannot retain employer property as a lien for unpaid salaries; eviction upheld and costs ordered each to bear own.
Property law – actio rei vindicatio – right of retention (lien) – debtor-creditor lien not available to former employees under contract of service; set-off/undertaking to transfer property must be pleaded and established to defeat eviction; costs — severable issues warrant each party bearing own costs
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28 January 2022 |
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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.
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21 January 2022 |
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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.
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18 January 2022 |