Supreme Court of Zimbabwe - 2002 July

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2 judgments

Citation	Judgment date
July 2002
S v Barrows (24 July 2002) (Crim Appeal 217 of 2002; SC 61 of 2002) [2002] ZWSC 61 (23 July 2002) Postponement and custody duration did not amount to changed circumstances to reopen bail under s116(1)(c)(ii). Criminal procedure — Bail — s 116(1)(c)(ii) Criminal Procedure and Evidence Act — "changed circumstances" — whether trial postponement or time in custody justifies reconsideration — appellate review limited to misdirection, irregularity, or improper exercise of discretion.	23 July 2002
Hatidani v Shonhiwa and Others (Civil Application 422 of 1996; SC 75 of 2002) [2002] ZWSC 75 (21 July 2002) Condonation for late appeal refused due to inordinate delay, non-compliance with rules, lack of prospects, and transfer to an innocent third party. 'Condonation for late appeal' – Delay and non-compliance with rules; 'Sale in execution' – validity where underlying judgment unsatisfied; 'Magistrates' Court execution' – High Court rules inapplicable; 'Innocent third party' – registration and non-joinder; 'Prospects of success' – vital to condonation.	21 July 2002