Tineyi Jakopo v The State

### Preamble
1
HH 184-18
B 561/17
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TINEYI JAKOPO

versus

THE STATE

HIGH COURT OF ZIMBABWE

BHUNU J

HARARE, 23 March 2018

Bail Application

Applicant in person

T. Kasema, for the respondent

BHUNU J: The applicant is jointly charged with others for fraud.  On 2 March 2018 I granted him a consent order for bail in the following terms:

“IT IS ORDERED BY CONSENT THAT:

Applicant deposits with the Clerk of Court Harare  the sum of $200.00

He continues to reside at 6191 - 155 Street Kuwadzana 5 Harare.

Applicant reports at Kuwadzana police Station twice per week on Mondays and Fridays until this matter is finalised.

Not to interfere with witnesses”.

Despite that order he was not released from custody because of an alleged

confusion in the spelling of his name. He has now submitted an affidavit in which he avers that at the Magistrates Court his name was recorded as Tineyi Jakopo whereas at the High Court his name is recorded as Tineyi Jacob.

What the applicant is saying is however not borne out by the record before me. The

High court record before me B 561/17 and all the documents except one therein the name of the applicant is recorded at the High court as Tineyi Jakopo. The exceptional document bears the case number B717/15. There are 3 applicants for bail on that document namely:

Madzudzo Mudzimba

Tineyi Jacob and

Rangarirai Katsande.

Given that confusion in the names I consider that the Clerk of Court acted properly in

refusing to issue a warrant of liberation in circumstances where the applicant’s name on the court order did not tally with his records. I am unable to rectify the anomaly in chambers without evidence since the applicant’s true names are unknown to me. It is up to the applicant to lead evidence before the Bail Court Judge Clarifying his true names and particulars and the learned judge will make the appropriate order.

It is accordingly ordered:

That the release of the applicant from prison be and is hereby held in abeyance pending an order of court clarifying his names and particulars showing that he is the correct person granted bail under case number B561/17.

National Prosecuting Authority, for the respondent