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Bulawayo High Court

Jefat Chaganda v The State & 8 Ors

HB 43-20

Case Details

Court
Bulawayo High Court
Date
3 March 2020
Citation
HB 43-20
Neutral Citation
[2020] ZWHB 43
Outcome
unknown
Case Type
Application

Bench

Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Criminal procedureJudicial recusal
Keywords
leave to appealrecusalbiasinterlocutory judgmentreasonable prospects of success
Tags
leave to appealrecusalinterlocutory application
legislation
Statutes Cited
  • Immigration Act 1971
  • Nationality, Immigration and Asylum Act 2002
  • Human Rights Act 1998
  • European Convention on Human Rights
  • Immigration and Asylum Act 1999
  • Special Immigration Appeals Commission Act 1997
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant has reasonable prospects of success on appeal against the dismissal of recusal application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's recusal application was dismissed for being based on erroneous legal principle"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant Jefat Chaganda, who was the 2nd accused in a criminal trial, sought leave to appeal against the dismissal of his application for the presiding judge's recusal. The recusal application had been dismissed on 14 January 2020, with the court finding it was based on an erroneous legal principle and fear of conviction rather than actual bias.
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