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Constitutional Court

Apex Holdings (Private) Limited (in liquidation) & Reggie Francis Saruchera N.O v Venetian Blinds Specialists

[2019] ZWCCZ 11

Case Details

Court
Constitutional Court
Date
17 July 2019
Citation
[2019] ZWCCZ 11
Judgment No.
CCZ 11/19
Outcome
unknown
Case Type
Application

Bench

Presiding
Malaba CJ
Author
Mavangira JCC
Full Bench
Malaba CJHlatshwayo JCCMavangira JCCUchena JCCZiyambi AJCCChiweshe AJCCMakoni AJCCChitakunye AJCCChatukuta AJCC
Areas of Law
Constitutional LawPrivate International LawCommercial Law
Keywords
foreign judgment enforcementconstitutional rightsfair hearingequality before the lawretrospective application
Tags
foreign judgment recognitionconstitutional challengecommon law ruleretrospective application
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Companies Act [Chapter 24:03]
  • Civil Matters (Mutual Assistance) Act [Chapter 8:02]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the cause of action arose before or after the 2013 Constitution came into force","issue_type":"procedural","dispositive":"yes","related_facts":"2010 High Court judgment recognizing Malawi judgment; 2013 Constitution promulgation"}
  • {"issue_text":"Whether the liquidator had requisite authority to commence proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Section 221 Companies Act requirements; lack of court leave or creditor authorization"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

A Zimbabwean company in liquidation and its liquidator sought constitutional declarations that the common law rule preventing courts from examining merits of foreign judgments violated constitutional rights. The underlying dispute involved recognition and enforcement of Malawi court judgments against the Zimbabwean company.
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