S v Nevhunjere (HC 9173 of 2016; HH 169 of 2017) [2017] ZWHHC 169 (15 March 2017)

S v Nevhunjere (HC 9173 of 2016; HH 169 of 2017) [2017] ZWHHC 169 (15 March 2017)

There is no legal impediment to the fresh trial; the previous High Court orders are clear and do not amount to a third criminal trial. The application is frivolous and vexatious, and constitutes an abuse of process.

Citation
[2017] ZWHHC 169
Parties
Applicant: Dzingai Nevhunjere; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 March 2017
Case Number
HC 9173 of 2016 ; HH 169 of 2017
Procedural Posture
Opposed Application / Ruling on Application
Outcome
Application dismissed
Legal Topics
Abuse of Process, Double Jeopardy, Interpretation of Court Orders, Costs De Bonis Propriis
Source Language
English
Criminal Law Constitutional Law Civil Procedure Abuse of Process Double Jeopardy Interpretation of Court Orders Costs De Bonis Propriis

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Parties

Dzingai Nevhunjere

Applicant

The State

Respondent

Procedural Posture

Opposed Application / Ruling on Application

Legal Issues

  1. 1 Whether the proposed trial de novo constitutes a third criminal trial infringing the applicant's constitutional rights
  2. 2 Whether the application is frivolous, vexatious, or an abuse of process
  3. 3 Proper interpretation of previous High Court orders

Ratio Decidendi

There is no legal impediment to the fresh trial; the previous High Court orders are clear and do not amount to a third criminal trial. The application is frivolous and vexatious, and constitutes an abuse of process.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Applicant's advocate ordered to pay respondent's costs de bonis propriis