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ACHINULO v MOYO NO & ANOR 2016 (2) ZLR 416 (H)

Citation

2016 (2) ZLR 416 (H)

Case No

Judgment No. HB-226-16

Court

High Court, Bulawayo

Judge

Mathonsi J

Heard

18 August 2016

Judgment

25 August 2016

Counsel

L Nkomo, for the applicant
T Muduma, for the second respondent
No appearance for the first respondent

Case Type

Urgent chamber application

Annotations

Flynote

Criminal procedure – application for discharge at the conclusion of the State case – accused can only be put to his defence where the evidence establishes a prima facie case.

Criminal procedure – review – uncompleted proceedings – refusal by court to discharge accused at conclusion of the State case – review decision – when superior court can intervene in uncompleted proceedings of a lower court.

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