Edward Madyavanhu v (1) Reggie Francis Saruchera (2) Grant Thornton Camsa Chartered Accountants Zimbabwe (3) Cairns Foods Limited

CCZ 3/19

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Case Details

Court

Constitutional Court

Date

27 February 2019

Citation

CCZ 3/19

Neutral Citation

[2019] ZWCCZ 3

Outcome

unknown

Case Type

Application

Bench

Presiding

Malaba CJ

Full Bench

Malaba CJGarwe JCCMakarau JCC

Areas of Law

Constitutional LawCivil Procedure

Keywords

constitutional matterleave to appealSupreme Courtjudicial managementcreditor claim

Key Issues

{"issue_text":"Did the applicant have a right of appeal to the Constitutional Court against the Supreme Court's decision?","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court dismissed appeal on procedural grounds, no constitutional matter determined"}
{"issue_text":"Was there a constitutional matter before the Supreme Court that would justify appeal to Constitutional Court?","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court only considered procedural defect in notice of appeal"}

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background

Facts of the Case

Background

Applicant sought to appeal to Constitutional Court against Supreme Court decision that dismissed his appeal on procedural grounds. He had claimed damages for unlawful termination from Cairns Foods, which went into judicial management. His creditor claim was rejected due to currency conversion issues. Supreme Court found his notice of appeal defective and dismissed appeal.

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