Shadreck Kanongora v The State

HH 123-17

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Case Details

Court

Harare High Court

Date

22 February 2017

Citation

HH 123-17

Neutral Citation

[2017] ZWHH 123

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Criminal ProcedureBail ApplicationsAppeal Procedure

Keywords

bail pending appealrescission of judgmentappeal reinstatementfailure to file heads of argument

Key Issues

{"issue_text":"Whether the court should rescind the bail order granted in error","issue_type":"procedural","dispositive":"no","related_facts":"Bail granted on 8 November 2016; appeal already dismissed on 12 October 2016"}
{"issue_text":"Whether the applicant's appeal should be reinstated after being deemed dismissed for failure to file heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Heads of argument due 15 September 2016; appeal dismissed 12 October 2016; applicant claimed lack of notification"}

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Facts of the Case

Background

The applicant was convicted of rape and sentenced to 12 years imprisonment. He was granted bail pending appeal on 8 November 2016, but unknown to the court at that time, his appeal had already been deemed dismissed on 12 October 2016 for failure to file heads of argument. The applicant then applied for reinstatement of his appeal.

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