S v Kandawasvika & Anor (HH 148 of 2004) [2004] ZWHHC 148 (15 August 2004)

S v Kandawasvika & Anor (HH 148 of 2004) [2004] ZWHHC 148 (15 August 2004)

The High Court cannot entertain a fresh bail application after refusal by the magistrate's court without proper appeal or review. The seriousness of the charge and strength of the evidence against the applicants justify refusal of bail.

Citation
[2004] ZWHHC 148
Parties
Applicant: Collen Kandawasvika; Applicant: Takawira Mandera; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 August 2004
Case Number
HH 148 of 2004
Procedural Posture
Criminal / Bail Application
Outcome
application dismissed
Legal Topics
Bail, Armed Robbery, Procedure
Source Language
English
Criminal Law Bail Armed Robbery Procedure

Case Brief

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Parties

Collen Kandawasvika

Applicant

Takawira Mandera

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the High Court can entertain a fresh bail application after refusal by the magistrate's court without appeal or review
  2. 2 Whether the applicants are entitled to bail given the seriousness of the charge and strength of the evidence

Ratio Decidendi

The High Court cannot entertain a fresh bail application after refusal by the magistrate's court without proper appeal or review. The seriousness of the charge and strength of the evidence against the applicants justify refusal of bail.

Court Disposition

application dismissed

Orders

  • The application for bail is dismissed.