News / National
Top lawyer blasts High Court ruling
01 May 2017 at 11:22hrs | Views
Top lawyer Advocate Thabani Mpofu has come out guns blazing following a High Court ruling which threw out the appeal of Peter Chikumba before the High Court dealt with the merits of the appeal.
Mpofu has since approached the Supreme Court challenging the entire judgement handed down by Justice Edith Mushore last week describing it as unreasonable.
In his notice and grounds of appeal filed to the Supreme Court in terms of High Court and Supreme Court rules, Advocate Mpofu says the High Court by upholding the Magistrates Court decision jailing Chikumba to an effective 7 years before showing why it came to such a conclusion in the absence of the appeal having been heard, lost the plot.
He added that the court also erred in concluding that findings of fact made in a criminal trial are not as a matter of law appealable and grossly misdirected itself by making a decision dismissing a matter that had not been argued.
He took matter a gear up accusing the court of losing its senses by finding that Chikumba the appellant could be barred in his own appeal, and in making an outrageous costs award in a criminal appeal without laying a basis for making such an award.
He begs the Supreme Court to set aside the judgement of the High Court and uphold Chikumba's appeal and an order for the matter to be remitted from hearing on the substance before different judges.
Grace Pfumbidzayi who suffered the same fate as that of Chikumba who was represented by Advocate Webster Chinamhora is also approaching the Supreme Court for relief.
Mpofu has since approached the Supreme Court challenging the entire judgement handed down by Justice Edith Mushore last week describing it as unreasonable.
In his notice and grounds of appeal filed to the Supreme Court in terms of High Court and Supreme Court rules, Advocate Mpofu says the High Court by upholding the Magistrates Court decision jailing Chikumba to an effective 7 years before showing why it came to such a conclusion in the absence of the appeal having been heard, lost the plot.
He added that the court also erred in concluding that findings of fact made in a criminal trial are not as a matter of law appealable and grossly misdirected itself by making a decision dismissing a matter that had not been argued.
He took matter a gear up accusing the court of losing its senses by finding that Chikumba the appellant could be barred in his own appeal, and in making an outrageous costs award in a criminal appeal without laying a basis for making such an award.
He begs the Supreme Court to set aside the judgement of the High Court and uphold Chikumba's appeal and an order for the matter to be remitted from hearing on the substance before different judges.
Grace Pfumbidzayi who suffered the same fate as that of Chikumba who was represented by Advocate Webster Chinamhora is also approaching the Supreme Court for relief.
Source - zbc
