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Supreme Court
Fairclot Investment (Private) Limited & 3 Ors v Provincial Magistrate Shane Kubonera & Anor
SC 78/24
Case Details
Court
Supreme Court
Date
31 July 2024
Citation
SC 78/24
Neutral Citation
[2024] ZWSC 78
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHIWESHE JA
Full Bench
MAKONI JACHIWESHE JACHATUKUTA JA
Areas of Law
Criminal ProcedureStatutory Interpretation
Keywords
criminal nuisanceexception to chargecause of actionstatutory compliance
Tags
criminal nuisanceexception to chargeconstitutional challengeprocedural defect
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether exception using \"cause of action\" instead of \"offence\" is valid","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants' exception wording"}
- {"issue_text":"Whether s 2(v) of 3rd Schedule is unconstitutional","issue_type":"constitutional","dispositive":"no","related_facts":"Vagueness of provision"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Appellants erected billboard warning public about litigation over property. Augur Investments charged them with criminal nuisance. Appellants excepted to charge on grounds it disclosed no "cause of action" rather than no "offence" as required by statute.
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