Moyo v NPA (HC 301 of 2019; HMA 16 of 2020) [2020] ZWMSVHC 16 (20 May 2020)

Moyo v NPA (HC 301 of 2019; HMA 16 of 2020) [2020] ZWMSVHC 16 (20 May 2020)

The application is dismissed because it is fatally defective due to inordinate delay without explanation, improper procedure (review instead of appeal), lack of prospects of success, and non-joinder of necessary parties. The evidence at trial did not justify placing Irene Moyo on her defence, and the acquittal was correct.

Citation
[2020] ZWMSVHC 16
Parties
Applicant: Adrian Moyo; Respondent: National Prosecuting Authority
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
20 May 2020
Case Number
HC 301 of 2019 ; HMA 16 of 2020
Procedural Posture
Opposed Application / Judgment on Application to Compel Respondent to Institute Review Proceedings
Outcome
Application dismissed
Legal Topics
Stock Theft, Review Vs Appeal, Delay in Filing, Non Joinder of Parties, Inheritance Under Customary Law
Source Language
English
Criminal Law Succession Law Civil Procedure Stock Theft Review Vs Appeal Delay in Filing Non Joinder of Parties Inheritance Under Customary Law

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Parties

Adrian Moyo

Applicant

National Prosecuting Authority

Respondent

Procedural Posture

Opposed Application / Judgment on Application to Compel Respondent to Institute Review Proceedings

Legal Issues

  1. 1 Whether the respondent can be compelled to institute review proceedings against a magistrate's decision to discharge an accused at the close of the state case
  2. 2 Whether the application is fatally defective due to delay, procedural impropriety, and non-joinder of necessary parties
  3. 3 Whether the magistrate erred in law regarding inheritance and ownership of estate property

Ratio Decidendi

The application is dismissed because it is fatally defective due to inordinate delay without explanation, improper procedure (review instead of appeal), lack of prospects of success, and non-joinder of necessary parties. The evidence at trial did not justify placing Irene Moyo on her defence, and the acquittal was correct.

Court Disposition

Application dismissed

Orders

  • The application is hereby dismissed with no order as to costs.