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Harare High Court

Prisca Mupfumira v Ngoni Nduna N.O. and The State

HH 454-23

Case Details

Court
Harare High Court
Date
27 July 2023
Citation
HH 454-23
Neutral Citation
[2023] ZWHH 454
Outcome
unknown
Case Type
Application

Bench

Presiding
Chikowero J
Full Bench
Chikowero JManyangadze J
Areas of Law
Criminal ProcedureAppellate Practice
Keywords
leave to appealreasonable prospect of successreview of interlocutory decisiondischarge at close of prosecution case
Tags
criminal abuse of dutyleave to appealdischarge applicationreview
legislation
Statutes Cited
  • High Court Rules, 2021
  • Criminal Law (Codification and Reform) Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant has reasonable prospect of success on appeal against dismissal of review application","issue_type":"procedural","dispositive":"yes","related_facts":"High Court found no actual and permanent prejudice shown; all proposed grounds attack correctness of magistrate's decision rather than basis for interfering with unterminated proceedings"}
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background
Facts of the Case

Background

The applicant, former Minister of Public Service, Labour and Social Welfare, jointly charged with criminal abuse of duty. Co-accused acquitted at close of prosecution case; applicant's discharge application refused. She applied for review of that refusal, which the High Court dismissed. She now seeks leave to appeal that dismissal to the Supreme Court.
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