Fabiola N Gonye versus Fadzai Mtombeni N.O and Walter Multer and Clerk of Court, Regional Court and Prosecutor General, Zimbabwe

HH 356-17

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Case Details

Court

Harare High Court

Date

7 June 2017

Citation

HH 356-17

Neutral Citation

[2017] ZWHH 356

Outcome

unknown

Case Type

Review

Bench

Presiding

Makoni J

Full Bench

Makoni J

Areas of Law

Administrative LawCriminal ProcedureProperty Law

Keywords

Review ApplicationHigh Court RulesInterim ReliefProvisional OrderCriminal EvidenceSection 61 Criminal Procedure and Evidence Act

Key Issues

{"issue_text":"Whether the application was fatally defective for failure to comply with High Court Rules regarding review applications","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant used Urgent Chamber Application instead of Court Application, failed to comply with Rule 257"}
{"issue_text":"Whether the applicant approached the court with \"dirty hands\"","issue_type":"procedural","dispositive":"no (not reached due to first point in limine)","related_facts":"Second respondent's allegation that applicant had unclean hands"}

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Facts of the Case

Background

The applicant was a state witness in a criminal case where the second respondent was robbed of 45,000 Euros. The applicant had exchanged 6,000 Euros (part of the stolen money) for US$600.00. Both amounts were used as exhibits in court. After the trial, the applicant applied under Section 61 of the Criminal Procedure and Evidence Act for return of her US dollars, but this was dismissed and the money was awarded to the second respondent.

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