Supreme Court of Zimbabwe - 2004 June

Sort by:

3 judgments


June 2004
S v Kuruneri (Civil Appeal 164 of 2004; SC 40 of 2004) [2004] ZWSC 40 (16 June 2004) Refusal of bail upheld due to real risk of abscondment from substantial foreign assets and weak defence. Bail pending trial — risk of abscondment — exchange control offences — assessment of prima facie case and credibility — foreign assets, foreign passport/residency and strength of State case — alternatives to detention (house arrest/medical grounds)	16 June 2004
Guyo v Mushonga & Associates and Others (Civil Appeal 354 of 2002; SC 37 of 2004) [2004] ZWSC 37 (9 June 2004) Condonation refused; executor validly authorised to sell estate property; appeal dismissed for lack of merit. Administration of estates – executor’s authority – validity of appointment by Assistant Master; condonation – upliftment of automatic bar – delay and negligence; sale of estate property – setting aside – prospects of success	9 June 2004
Attorney-General v Fundira (Criminal Application 154 of 2004; SC 38 of 2004) [2004] ZWSC 38 (2 June 2004) Possession of foreign funds and bare interference allegations do not automatically justify refusing the applicant bail. Exchange Control Act – bail – risk of abscondment – allegations of interference with investigations – weight of evidence required to deny bail – relevance of repatriation and ties to jurisdiction	2 June 2004