Levison Popi v The state [2025] ZWMTHC 5 (27 May 2025)

Levison Popi v The state [2025] ZWMTHC 5 (27 May 2025)

The application was refused because it was not filed within the required 30 days under Practice Direction No. 3 of 2013 and there were no prospects of success on appeal as the trial court's reasoning was sound and not likely to be overturned.

Citation
[2025] ZWMTHC 5
Parties
Applicant: Levison Popi; Respondent: The State
Court
Mutare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 May 2025
Procedural Posture
Criminal / Chamber Application for Condonation and Extension of Time
Outcome
application refused
Legal Topics
Condonation, Extension of Time, Appeal Procedure, Aggravated Indecent Assault
Source Language
English
Criminal Law Procedure Condonation Extension of Time Appeal Procedure Aggravated Indecent Assault

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Parties

Levison Popi

Applicant

The State

Respondent

Procedural Posture

Criminal / Chamber Application for Condonation and Extension of Time

Legal Issues

  1. 1 Whether the application for condonation and extension of time complies with Practice Direction No. 3 of 2013
  2. 2 Whether there are prospects of success on appeal

Ratio Decidendi

The application was refused because it was not filed within the required 30 days under Practice Direction No. 3 of 2013 and there were no prospects of success on appeal as the trial court's reasoning was sound and not likely to be overturned.

Court Disposition

application refused

Orders

  • The defective appeal was struck off on 26 March 2025 and applicant had 30 days to act under Practice Direction No. 3 of 2013, up to 26 April 2025 to file the application.
  • The prospects of success on appeal do not exist.