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KASUKUWERE v MUJAYA NO & ORS 2019 (3) ZLR 421 (H)

2019 (3) ZLR p421

Citation

2019 (3) ZLR 421 (H)

Case No

Judgment No. HH-562-19

Court

High Court, Harare

Judge

Chitapi J

Heard

25 July 2019

Judgment

21 August 2019

Counsel

T Magwaliba, for the applicant
Mrs S Fero, for the second & third respondents

Case Type

Criminal review

Annotations

Flynote

Criminal law – offences under Criminal Law Code – criminal abuse of duty as a public officer (s 174) – essential elements – must be disclosed in charge

Criminal procedure – charge – exception to – must be taken before pleading – essentials that charge of contravening s 174 of Criminal Law (Codification & Reform) Act must contain to escape being excipiable

Criminal procedure – charge – framing of charge – charge missing essential averments – charge fatally defective

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