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S v CHAWIRA 2011 (2) ZLR 210 (H)

2011 (2) ZLR p210

Citation

2011 (2) ZLR 210 (H)

Case No

Judgment No. HH-42-12

Court

High Court, Harare

Judge

Uchena J & Mwayera J

Heard

27 September 2011; CAV

Judgment

29 September 2011

Counsel

C Mavhondo, for the appellant
Mrs S Fero, for the respondent

Case Type

Criminal appeal

Annotations

No case annotations to date

Flynote

Appeal – criminal matter – referral to trial court for trial de novo – referral not proper where evidence led at first trial was not sufficient to sustain a conviction

Criminal procedure – trial – date – "fast tracking" of trials in magistrates courts – such procedure permissible provided a fair trial ensues – effect of failure to grant postponement on request

Evidence – affidavit – production of – notice required – affidavit produced without requisite notice and without accused's consent – such affidavit not admissible

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