S v CHIKUMBIKE 1986 (2) ZLR 145 (S)

Flynote

Appeal — bail — right to appeal against decision of judge of the High Court refusing bail — nature of such appeal — criminal cases — right of appeal in.

Criminal procedure — bail — appeal against refusal by judge.

Legislation — High Court of Zimbabwe Act 1981 s 44.

Headnote

An unfettered right of appeal in criminal cases is given by s 44(1) of the High Court of Zimbabwe Act, accordingly an appeal lies to the Supreme Court against the refusal of a judge of the High Court to admit a person to bail. The court of appeal will only interfere if the court a quo committed an irregularity or misdirection or exercised its discretion so unreasonably as to vitiate its decision