D of minor’s estate — Guardian’s Fund — illiterate parent unable to manage money paid to minor

child — whether justification for money being paid into Guardian’s Fund — proof of facts justifying

such payment.

EX PARTE CORSYN CONSOLIDATED MINES LIMITED AND ANOTHER

section 2 — scope and purpose of Ordinance — onus of proof that conduct is amnestied — how

discharged D — meaning of “in good faith” in section 2 (2) (b) of Ordinance.

REGINA v NYAKUWA AND ANOTHER 1980 ZLR 19 (A)

Amnesty Ordinance —application of to cases where accused convicted but not sentenced

before appointed

day.

REGINA v MHOSVA 1980 ZLR 74 (G)

assessment of market value of property which is not regularly bought and sold — meaning of

“market value” — when arbitrator’s G exercise of discretion may be set aside.

FLOOD v COWPER AND ANOTHER 1980 ZLR 111 (G)

meaning of cession — whether includes transfer of obligations — rights of debtor against cessionary.

GENERAL FINANCE COMPANY (PRIVATE) LIMITED v ROBERTSON 1980 ZLR 166 (A)

“costs of judicial management to rank part passu with costs of liquidation” — meaning of.

TUCKER v BEAZLEY NO AND ANOTHER 1980 ZLR 243 (G)

Company — Section 276 (3) of Companies Act [Chapter 190] C meaning of liabilities — object to

enable company to re — establish itself as a solvent concern — liability would benefit both pre —

and post — judicial management creditors — test is whether the time the judicial manager incurred

the liability he bona fide believed it to D be for company benefit.

UDC LIMITED v FIELD NO 1980 ZLR 262 (G)

attorney and client costs — precipitate withdrawal from action and vexatious conduct by plaintiff —

whether defendants entitled to attorney and client costs

HAYES v BALDACHIN AND OTHERS 1980 ZLR 11 (G)

Costs — appellant succeeding on ground not relied on in grounds of appeal — whether entitled to

costs.

MINISTER OF INFORMATION IMMIGRATION AND TOURISM AND ANOTHER v MACKESON

1980 ZLR 76 (A)

Costs — exceptions encouraged when they may have the result of reducing costs.

MCKELVEY v COWAN NO 1980 ZLR 235 (G)

jurisdiction of General Division — grounds for assuming jurisdiction over peregrini — eject of

section 40 of High Court Act [Chapter 14]

AFRICAN DISTILLERS LIMITED v ZIETKIEWICZ AND OTHERS 1980 ZLR 135 (G)

conspiracy — liability of conspirator who withdraws from conspiracy before commission of offence

— liability of conspirator who withdraws after housebreaking but before theft of H goods from

premises.

REGINA v CHINYERERE 1980 ZLR 3 (A)

Criminal law - attempted culpable homicide — whether offence recognized in our law

REGINA v KADONGORO 1980 ZLR 54 (G)

Criminal law — public violence — elements of crime private quarrel — insufficiently serious

dimensions.

THE STATE v RICHARD AND OTHERS 1980 ZLR 186 (G)

Criminal law — assault — provocation as mitigating feature — spontaneity vital — usurping

functions of Court and police.

ATTORNEY­GENERAL v TOBIWA AND OTHERS 1980 ZLR 192 (A)

award of compensation in terms of section 341 of Criminal Procedure and Evidence Act [Chapter 59]

— meaning of “forthwith” in section 341 (1) — when award may be made — D whether omission to

make award may be rectified on review.

REGINA v JAMES 1980 ZLR 52 (G)

Criminal procedure , sentence — prospective deportation of accused — whether migratory.

REGINA v HADJIVASSILI 1980 ZLR 57 (A)

Criminal procedure — forfeiture of articles in terms of section 571(1) of C Criminal Procedure and

Evidence Act [Chapter 59] ­ whether vehicles and containers may be forfeited in terms of section

571(1) (a) — nature of discretion conferred by section — when decision to make order in absence of

owner of article and decision to order forfeiture may be made.

REGINA v NDHLOVU (1) 1980 ZLR 96 (G)

Criminal procedure — court must return verdict on all charges brought against accused.

REGINA v NDHLOVU (2) 1980 ZLR 105 (G)

Criminal procedure — outline of State case given by prosecutor in magistrates Court — need for

outline to be recorded.

THE STATE v SEDA 1980 ZLR 109 (G)

Criminal procedure — competent verdict — whether competent to convict accused of contravening

section 3 (a) of the Criminal Law Amendment Act [Chapter 58] F on charge of housebreaking with

intent to commit rape.

THE STATE v CHIKAZHE 1980 ZLR 147 (G)

Criminal procedure — splitting of charges — tests for — accused C impersonating policeman in order

to commit robbery — whether may be charged with both impersonation and robbery

THE STATE v SIMON 1980 ZLR 162 (G)

Criminal procedure — sentence — possession of dagga — inability to pay substantial Me — quantity

small —imprisonment inappropriate

THE STATE v JACKSON 1980 ZLR 190 (G)

Criminal procedure — superfluous wording in charge — common fault in framing charges under

Dangerous Drugs Act [Chapter 319].

THE STATE v JACKSON 1980 ZLR 190 (G)

Criminal procedure — inadequate sentence — when may be increased on appeal — procedure for

variation of agreed statement of facts.

ATTORNEY­GENERAL v TOBIWA AND OTHERS 1980 ZLR 192 (A)

Criminal procedure — sentence — magistrate taking into account his E own knowledge of

appellant’s drinking problem — duty to inform appellant that he is taking this into account to allow

appellant to deal with paint.

THE STATE v BESWICK 1980 ZLR 199 (A)

section 48 (1) — escape from custody after arrest but before detention in prison need for custody to

be effective

THE STATE v MLAUZI 1980 ZLR 148 (G)

section 165 — smuggling — whether overlaps with oxeyes specified in

section 157 of Act.

THE STATE v BEYERS AND ANOTHER 1980 ZLR 177 (A)

section 12 (1) — power of President to retire officers — whether limited by section 17A and

regulations made under section 15 — extent of Minister’s powers to retire of Ricers under section 12

(2).

HICKMAN v ATTORNEY­GENERAL 1980 ZLR 24 (G)

treating — what amounts to — importance of purpose for which food, D drink and entertainment is

provided for voters — whether food, drink, entertainment and lotteries may be provided at political

rallies.

ZIMBABWE AFRICAN NATIONAL UNION (PATRIOTIC FRONT) v UNITED AFRICAN

NATIONAL COUNCIL AND OTHERS 1980 ZLR 69 (G)

party seeking to rely on its own act to ground estoppel — whether defence of estoppel available.

LMS ELECTRICAL ENGINEERS (PRIVATE) LIMITED v TASSBURG SCREW INDUSTRIES

(PRIVATE) LIMITED 1980 ZLR 130 (G)

attorney and client privilege — whether precludes attorney representing two parties from disclosing

to one party statement made by other party — when privilege waived. E

KELLY v PICKERING AND ANOTHER 1980 ZLR 44 (G)

sections 5 (1) (a) (ii) and 5 (1) C (b) — directive to pay proceeds of sale into blocked account —

whether cashing cheque contravenes directive — forfeiture in terms of section 7 (1) —special

reasons — absence of prejudice — cash obtained by cashing cheque liable to forfeiture — valid

cheque equivalent to money

THE STATE v MILLS 1980 ZLR 227 (A)

maintenance after divorce — assessment — distinction between such maintenance and

maintenance pendente lite or maintenance after judicial separation.

DAINE S v DAINES AND ANOTHER 1980 ZLR 141 (G)

deportation of prohibited person — whether prohibited person may be deported to country of

origin— Immigration Act, 1979 — section 8 — detention of D prohibited person — whether grounds

of detention may be challenged if Minister’s decision that E person is undesirable inhabitant is not

challenged”

MINISTER OF INFORMATION IMMIGRATION AND TOURISM AND ANOTHER v MACKESON

1980 ZLR 76 (A)

Duty of insured to disclose in proposal form facts relevant G to risk — extent of duty — whether

insured must disclose possible disability which subsequently turns out to have been non ­ existent —

interpretation of warranty to disclose all facts.

KELLY v PICKERING AND ANOTHER 1980 ZLR 61 (G)

automatism — onus of proof of allegation that C accused committed crime when in state of

automatism — whether accused who proves allegation entitled to acquittal.

REGINA v SMITH 1980 ZLR 32 (G)

section 14 (2) — relations ship between section and crime of receiving stolen property knowing it to

have been stolen — approach to sentence for contraventions C of section.

THE STATE v DE SOUZA 1980 ZLR 184 (A)

Miscellaneous Offences Act [Chapter 68] ­ section 5 (2) barking dogs interfering with tranquillity

—accused must be shown to have permitted barking — temporary and reasonable nuisance not

actionable

STATE v STOKIE 1980 ZLR 280 (G)

answers to proposal form — declaration creating warranty that answers true, correct and complete,

and all information disclosed — duty to H disclose all information, including

PICKERING v STANDARD GENERAL INSURANCE COMPANY LIMITED 1980 ZLR 270 (A)

meaning of gross negligence — relationship between negligence and damage — importance of in

assessment of whether or not negligence was gross. G

BICKLE v MINISTERS OF LAW AND ORDER 1980 ZLR 36 (G)

section 37 (1) — rights conferred by section — whether regulation providing that persons who retire

must repay sums owed by them to the State is inconsistent with section 37 (1) — validity of such

regulation — whether such regulation inconsistent with Declaration of Rights.

PRETORIUS v MINISTER OF DEFENCE (1) 1980 ZLR 150 (G)

meaning of “mail” and “postal article”.

THE STATE v MAGOMANA 1980 ZLR 279 (G)

O 9 R 62 of high Court (General Division) Rules, 1971 — withdrawal from action by plaintiff — when

Court may grant find D judgment in favour of defendant.

HAYES v BALDACHIN AND OTHERS 1980 ZLR 11 (G)

Practice — interdict — locus standi of political party to seek to interdict unlawful campaign practices

of rival party degree of proof required for unlawful practices to be interdicted.

ZIMBABWE AFRICAN NATIONAL UNION (PATRIOTIC FRONT) v UNITED AFRICAN

NATIONAL COUNCIL AND OTHERS 1980 ZLR 69 (G)

summons — failure to claim interest a C tempore morae and costs — application to amend

summons — not normally granted where omission through mere oversight

SACREST (PVT) LTD v MASVAURE 1980 ZLR 233 (G)

Practice and procedure — exception — whether evidence cart be led on the pleadings which

discloses a cause of action.

MCKELVEY v COWAN NO 1980 ZLR 235 (G)

Practice and procedure — provisional sentence — agreement of cession C — whether a liquid

document — extrinsic evidence.

CSD ENTERPRISES (PVT) LTD v S & T IMPORT AND EXPORT (PVT) LTD AND OTHERS 1980

ZLR 238 (G)

section 64 (4) of Magistrates Court Act [Chapter 18] — whether permits review of forfeiture order in

terms of section 571 of Criminal Procedure and Evidence Act [Chapter 59] against third party.

REGINA v NDHLOVU (1) 1980 ZLR 96 (G)

Review — proceedings not subject to automatic review — magistrate not doubting propriety of

conviction —attorney’s written submissions challenging conviction — free form of “appeal” not

permitted.

STATE v STOKIE 1980 ZLR 280 (G)

section 36 — failure E to produce road service permit or certificate of fitness on demand —

meaning of “fails to comply” — whether blameworthiness element of offence —whether driver of

vehicle may be convicted of offence

REGINA v AGRIPPA 1980 ZLR 49 (G)

section 54 — evidence in criminal trial indicting that accused may super from amnesia and D

automatism — duty of Court to inquire into accused’s competence to drive motor­ vehicle in terms

of section 54.

REGINA v SMITH 1980 ZLR 32 (G)

taxes and rates levied by councils — whether council may be estopped from recovering tax or

rate.

MACHEKE RURAL COUNCIL v CILLIERS 1980 ZLR 145 (G)

essentials of whether sale can exist without obligation to receive and transfer merx — rights arid

duties of parties to sale.

GENERAL FINANCE COMPANY (PRIVATE) LIMITED v ROBERTSON 1980 ZLR 166 (A)

suspended sentence — date from which period of suspension begins.

REGINA v CHITENGU 1980 ZLR 84 (G)

Sentence — crimes against property — desirability of making provision for restitution in sentence.

REGINA v ZINDOGA 1980 ZLR 86 (A)

Sentence — exporting dagga in contravention of section 19 (1) (a) of Dangerous Drugs Act [Chapter

319] — seriousness of offence — G influence of quantity of dagga on sentence.

REGINA v COLLEY 1980 ZLR 89 (A)

Minister’s liability vicarious — no action if Court precluded from inquiring info other defendants’

liability

REID­DALY v HICKMAN AND OTHERS (1) 1980 ZLR 201 (G)

interpretation — “subject to” — meaning of. D

HICKMAN v ATTORNEY­GENERAL 1980 ZLR 24 (G)

Statutes — Defence Act [Chapter 9] — Defence Forces (Discipline) Regulations, 1978 — redress

procedure —whether Court’s jurisdiction ousted by statutory provisions as a necessary implication

— Plaintiff not challenging redress procedure — consideration of English decisions — actions

brought by Army officers covering purely military matters not cognizable by Court of law —

reviewable only if military authorities exceeded jurisdiction— Legislature intended Army Hers to be

respected to redress procedures.

REID­DALY v HICKMAN AND OTHERS (1) 1980 ZLR 201 (G)

Statutes — Mines and Minerals Act [Chapter 165] — conversion of blocks from base metal to

precious metal claims in terms of section C 162 (3) does not entitle the holder to claim extra ground

— nature of summary hearing under section 378 — not governed by section 390 — when Mining

Commissioner functus officio — presence of both parties a prerequisite of summary hearing under

section 378 — construction of section 59 (1) — does not preclude investigation to discover true

position of beacons of blocks registered years previously.

CINAMON v INDEPENDENCE MINING (PRIVATE) LIMITED 1980 ZLR 247 (A)