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KADUNGURE v MAKWANDE NO & ANOR 2018 (2) ZLR 761 (H)

2018 (2) ZLR p761

Citation

2018 (2) ZLR 761 (H)

Case No

Judgment No. HH-800-18

Court

High Court, Harare

Judge

Chitapi J

Heard

17 November 2018

Judgment

20 November 2018

Counsel

S Hashiti, for the applicant
No appearance for the first respondent
T Mapfuwa, for the second respondent

Case Type

Criminal review

Annotations

Flynote

Court – High Court – jurisdiction – review – of magistrates court decisions – wide powers of review – empowered to review magistrates court decision on bail

Criminal procedure – bail – accused person's entitlement to – onus on prosecutor to establish compelling reasons to refuse bail – procedure where prosecutor consents to grant of bail – need for magistrate to ask for submissions from parties before refusing bail in spite of prosecutor's attitude – refusal to grant bail when prosecutor has consented to it should be rare

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