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S v NCUBE & ORS 2019 (3) ZLR 94 (H)

2019 (3) ZLR p94

Citation

2019 (3) ZLR 94 (H)

Case No

Judgment No. HB-106-19

Court

High Court, Bulawayo

Judge

Mabhikwa J

Heard

6 November 2018; 7 November 2018

Judgment

5 July 2019

Counsel

C Ndlovu, for the first, third, fourth and eighth applicants
T Muganyi, for the second applicant
T Muganyi, with M Mahaso, for the fifth and seventh applicants
T Mpofu, with O Marwa and T Tabana, for the sixth applicant
P Butshe, for the ninth applicant
B Mufadza, for the tenth applicant
T R Takuva, for the respondent

Case Type

Application for leave to appeal

Annotations

Flynote

Appeal – criminal matter – right of appeal – refusal by trial court to discharge at close of State's case – accused having no right of appeal against refusal to discharge

Criminal procedure – discharge at close of State case – appeal against refusal – accused having no right to appeal – limited powers of intervention by a superior court in uncompleted proceedings of a lower court – should only be entertained in exceptional circumstances

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