Everjoy Meda v Maxwell Matsvimbo Sibanda & 3 Ors

[2016] ZWCCZ 10

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Case Details

Court

Constitutional Court

Date

9 March 2016

Citation

[2016] ZWCCZ 10

Judgment No.

CCZ 10/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

MALABA DCJ

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGOWORA JCCMAVANGIRA JCCBHUNU JCCUCHENA JCC

Areas of Law

Constitutional lawProperty lawCivil procedure

Keywords

Section 85(1) ConstitutionRight to propertyExecutionCustomary marriageDeeds Registry

Key Issues

{"issue_text":"Whether the applicant should have pursued an appeal rather than a constitutional application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not appeal High Court order"}
{"issue_text":"Whether the Constitutional Court has jurisdiction to overturn an extant High Court order","issue_type":"procedural","dispositive":"yes","related_facts":"High Court order remains extant"}
{"issue_text":"Whether the applicant's right to property under section 71(3) was infringed","issue_type":"constitutional","dispositive":"no","related_facts":"Property registered in second respondent's name only"}

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background

Facts of the Case

Background

The applicant, who was customarily married to the second respondent, sought to prevent the sale in execution of immovable property registered in the second respondent's name. The property had been attached by the first respondent to satisfy a debt owed by the second respondent. The applicant claimed a 50% share in the property and alleged infringement of her constitutional right to property under section 71(3).

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