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Constitutional Court

Fairclot Investments (Private) Limited v (1) Augur Investments OA (2) Doorex Properties (Private) Limited (3) The Sheriff of Zimbabwe (4) The Registrar of Deeds

[2024] ZWCCZ 16

Case Details

Court
Constitutional Court
Date
16 October 2024
Citation
[2024] ZWCCZ 16
Judgment No.
CCZ 16/24
Outcome
unknown
Case Type
Application

Bench

Presiding
GARWE JCC
Full Bench
GARWE JCCMAKARAU JCCGOWORA JCC
Areas of Law
Constitutional lawCivil procedure
Keywords
Direct accessConstitutional CourtSupreme Court finalitySection 56(1)Section 69(2)Arbitral awardS.I. 33/19
Tags
Direct accessFundamental rightsSupreme Court finality
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Supreme Court Act
  • Civil Evidence Act
  • Interpretation Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant should be granted direct access to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Application challenges Supreme Court decision in non-constitutional matter"}
  • {"issue_text":"Whether the Supreme Court decision violated the applicant's rights under section 56(1) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged unequal treatment and disregard of High Court order"}
  • {"issue_text":"Whether the Supreme Court decision violated the applicant's rights under section 69(2) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged unfair hearing and arbitrary decision"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant obtained an arbitral award against the first respondent in 2015 for USD 4.8 million. After S.I. 33/19 converted USD obligations to RTGS dollars at 1:1 rate effective 22 February 2019, the applicant registered the award as a High Court order in June 2019. The Supreme Court later held that the award was subject to S.I. 33/19 and payable at the 1:1 rate. The applicant sought direct access to the Constitutional Court alleging this violated its fundamental rights.
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