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Harare High Court
Christ Citadel International Church (represented by Lindani Ndaba) v Hosea Mujaya N.O and The State
HH 750-22
Case Details
Court
Harare High Court
Date
26 October 2022
Citation
HH 750-22
Neutral Citation
[2022] ZWHH 750
Outcome
unknown
Case Type
Review
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Criminal procedureCriminal lawNegligence
Keywords
culpable homicidedischarge at close of State casereviewgross irregularitymiscarriage of justiceduty of careelectrocution
Tags
culpable homicidedischarge applicationreviewnegligenceduty of care
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate acted irrationally in dismissing the discharge application","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence led by State, safety measures taken by church"}
- {"issue_text":"Whether there was sufficient evidence to place applicant on defence","issue_type":"mixed","dispositive":"yes","related_facts":"State evidence on negligence, foreseeability of harm"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicant church was charged with culpable homicide after a non-member was electrocuted at its construction site. The deceased accessed the premises in company of a church member and came into contact with an 11KV power line. At the close of the State case, the magistrate dismissed the church's application for discharge, finding a prima facie case existed.
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