S v Choruma (Crim. Appeal 430 of 1984; SC 50 of 1985) [1985] ZWSC 50 (3 June 1985)

S v Choruma (Crim. Appeal 430 of 1984; SC 50 of 1985) [1985] ZWSC 50 (3 June 1985)

The appeal was struck from the roll due to the late filing of heads of argument, as no good cause was shown for the breach of court rules. However, the appellant's bail was not cancelled because the fault did not lie with him or his advocate.

Source-derived case information.

Citation
[1985] ZWSC 50
Parties
Appellant: Antioch Choruma; Respondent: The State
Court
Supreme Court of Zimbabwe
Jurisdiction
Zimbabwe
Judgment Date
3 June 1985
Case Number
Crim. Appeal 430 of 1984 ; SC 50 of 1985
Procedural Posture
Criminal Appeal / Application to Strike Appeal From Roll and Cancel Bail Due to Late Filing of Heads of Argument
Outcome
Appeal struck from the roll; bail maintained temporarily.
Legal Topics
Late Filing of Heads of Argument, Bail, Court Rules Compliance
Source Language
english
Criminal Procedure Late Filing of Heads of Argument Bail Court Rules Compliance

Source-derived case record

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Parties

Antioch Choruma

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application to Strike Appeal From Roll and Cancel Bail Due to Late Filing of Heads of Argument

Legal Issues

  1. 1 Whether the appeal should be struck from the roll due to late filing of heads of argument
  2. 2 Whether the appellant's bail should be cancelled for the same reason

Ratio Decidendi

The appeal was struck from the roll due to the late filing of heads of argument, as no good cause was shown for the breach of court rules. However, the appellant's bail was not cancelled because the fault did not lie with him or his advocate.

Court Disposition

Appeal struck from the roll; bail maintained temporarily.

Orders

  • Appeal struck from today's roll.
  • Appellant's bail to stand until 17 June 1985 to allow application for re-instatement of appeal.