S v Moyo (CRB 566 of 2004) [2004] ZWBHC 58 (19 May 2004)

S v Moyo (CRB 566 of 2004) [2004] ZWBHC 58 (19 May 2004)

The application cannot be heard as a fresh application; it must be treated as an appeal with the requisite records and reasons from the lower court provided to the High Court.

Citation
[2004] ZWBHC 58
Parties
Applicant: Professor Moyo; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
19 May 2004
Case Number
CRB 566 of 2004
Procedural Posture
Bail Application / Appeal Against Refusal of Bail by Magistrate
Outcome
application not heard
Legal Topics
Bail, Appeal Procedure
Source Language
English
Criminal Law Criminal Procedure Bail Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Professor Moyo

Applicant

The State

Respondent

Procedural Posture

Bail Application / Appeal Against Refusal of Bail by Magistrate

Legal Issues

  1. 1 Whether the High Court can entertain a bail application as a fresh application when bail was refused by a magistrate
  2. 2 Whether proper procedure for appeal against refusal of bail was followed

Ratio Decidendi

The application cannot be heard as a fresh application; it must be treated as an appeal with the requisite records and reasons from the lower court provided to the High Court.

Court Disposition

application not heard

Orders

  • Applicant directed to proceed by way of appeal and provide the record and reasons from the magistrate's court