Manamike and Another v Prosecutor-General (384 of 2023) [2023] ZWHHC 278 (27 June 2023)

Manamike and Another v Prosecutor-General (384 of 2023) [2023] ZWHHC 278 (27 June 2023)

The application for rescission was not properly before the court because the impugned order was granted in criminal proceedings, and S 29(1)(a) of the High Court Rules, 2021 does not apply to criminal proceedings.

Citation
[2023] ZWHHC 278
Parties
Applicant: Pious Manamike; Applicant: Etenal Resources (Private) Limited; Respondent: Prosecutor-General
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 June 2023
Case Number
384 of 2023
Procedural Posture
Application for Rescission of Order / Opposed Application, Ruling on Preliminary Objection
Outcome
application struck off the roll
Legal Topics
Rescission of Order, Civil Vs Criminal Proceedings, Property Seizure, Standard of Proof
Source Language
English
Criminal Procedure Money Laundering Rescission of Order Civil Vs Criminal Proceedings Property Seizure Standard of Proof

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Parties

Pious Manamike

Applicant

Etenal Resources (Private) Limited

Applicant

Prosecutor-General

Respondent

Procedural Posture

Application for Rescission of Order / Opposed Application, Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an order granted in criminal proceedings can be rescinded via a civil application under S 29(1)(a) of the High Court Rules, 2021
  2. 2 Whether an application under S 47(1)(b) of the Money Laundering and Proceeds of Crime Act is a civil or criminal proceeding

Ratio Decidendi

The application for rescission was not properly before the court because the impugned order was granted in criminal proceedings, and S 29(1)(a) of the High Court Rules, 2021 does not apply to criminal proceedings.

Court Disposition

application struck off the roll

Orders

  • The application is struck off the roll.
  • Each party shall bear its own costs.