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Fidelis Munyoro Chief Court Reporter
A Kadoma woman, Isata Mukova, has won her appeal against conviction and a nine-year imprisonment term imposed on her for stock- theft.

Mukova was jailed in February 2015 after she was found guilty of selling 36 beasts entrusted to her by her daughter-in-law.

She appealed at the High Court through her lawyer, Advocate Thabani Mpofu.

After hearing submissions from the defence and prosecution, Justice Charles Hungwe sitting with Justice Edith Mushore, ruled that Mukova was wrongly convicted.

The judges unanimously concluded after hearing submissions from both the defence and prosecution that it was clear that the trial court allowed a dispute between two relatives and business partners to be unduly given the status of a criminal matter.

“The judgment impugned is not properly grounded and ought to be set aside,” ruled Justice Hungwe recently.

The court also noted that the complainant approached the courts with a civil suit claiming delivery of the 18 head of cattle.

Following negotiations, the court noted, complainant Ms Sheila Shuro, claimed $800 per beast.

This translated to $14 400 for the 18 cattle, which Ms Mukova paid in full.

The trial court heard that sometime between April 26, 2011 and May 28, 2015 at Linton Farm in Eiffel Flats, Ms Shuro entrusted her cattle to Ms Mukova as surety for an undisclosed business partnership.

The trial court heard that during that period, Ms Mukova sold some of the cattle without Ms Shuro’s approval after she failed to fulfil her side of the bar- gain.

In May 2015, Ms Shuro went to the farm and discovered the alleged theft.

Business ventures

A stock card with serial number 4204198 in the complainant’s name in respect of the 36 head of cattle was produced in court as evidence.

In her defence, Ms Mukova claimed that sometime in 2005, she left the country and tasked Ms Shuro to run several business ventures at the farm.

Ms Mukova told the court that they later agreed to let her take Ms Shuro’s cattle as payment for the business deal.

She further claimed that she sold the beasts based on that agreement and was shocked when Ms Shuro later claimed ownership of the same cattle worth $21 000.