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Harare High Court
Davie Fukwa Mutingwende and Saltana Enterprises (Pvt) Ltd v Kadye N.O and State
HH 750-17
Case Details
Court
Harare High Court
Date
1 November 2017
Citation
HH 750-17
Neutral Citation
[2017] ZWHH 750
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Criminal ProcedureReview ApplicationsStay of Proceedings
Keywords
criminal trialstay of proceedingsreviewfraudproperty ownershipexception to charge
Tags
stay of criminal proceedingsreview applicationfraud chargesprovisional order
legislation
Statutes Cited
- No statute or statutory provision was expressly cited, quoted, or interpreted. The court applied common-law principles governing stays of criminal proceedings and review applications.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown basis for assuming conviction will result from continued trial","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's fear of irreparable harm"}
- {"issue_text":"Whether stay of criminal proceedings should be granted pending review","issue_type":"procedural","dispositive":"yes","related_facts":"Review application filed, pending civil case"}
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background
Facts of the Case
Background
The applicants sought a provisional order to stay criminal fraud proceedings pending review of a magistrate's decision refusing their exception to the charge. The fraud allegations related to property ownership disputes already subject to civil litigation in HC 6243/15.
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