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Harare High Court
Herbert Learnmore Chikiwa v The State
HH 641-25
Case Details
Court
Harare High Court
Date
20 October 2025
Citation
HH 641-25
Neutral Citation
[2025] ZWHH 641
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Criminal ProcedureConstitutional LawJudicial Review
Keywords
fair trialjudicial biasfunctus officiopiecemeal litigationconstitutional violation
Tags
constitutional challengefair trialjudicial biasfunctus officio
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Criminal Law Codification and Reform Act
- Criminal Law Codification and Reform Act
- Criminal Procedure and Evidence Act
- High Court Rules
- Constitutional Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court has jurisdiction to set aside its own judgment that has been upheld by the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court upheld murder conviction, Constitutional Court dismissed challenge"}
- {"issue_text":"Whether the applicant can raise constitutional violations that were not raised on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant never raised judicial bias before Supreme Court"}
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background
Facts of the Case
Background
The applicant, convicted of murder and unlawful entry in 2022, appealed to the Supreme Court where the murder conviction was upheld. He then approached the Constitutional Court alleging judicial bias during trial, which was dismissed. He now seeks to reopen the matter in the High Court claiming violation of his right to a fair trial.
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