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Constitutional Court
Ignatious Masamba v City of Harare Treasury Credit Control (2) Secretary Judicial Service Commission
[2017] ZWCCZ 25
Case Details
Court
Constitutional Court
Date
24 November 2017
Citation
[2017] ZWCCZ 25
Judgment No.
CCZ 25/17
Outcome
unknown
Case Type
Application
Bench
Presiding
Bhunu JCC
Full Bench
Bhunu JCC
Areas of Law
Constitutional lawCivil procedure
Keywords
condonation of late appealdecree of perpetual silenceconstitutional court jurisdictionabuse of process
Tags
condonationappealconstitutional courtabuse of court process
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Constitutional Court has jurisdiction to hear an appeal when no constitutional issue was determined by the court a quo","issue_type":"procedural","dispositive":"yes","related_facts":"No constitutional issue raised in High Court; applicant seeks to appeal decree of perpetual silence"}
- {"issue_text":"Whether condonation for late noting of appeal should be granted","issue_type":"procedural","dispositive":"no","related_facts":"Application filed approximately 2.5 months after judgment"}
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background
Facts of the Case
Background
The applicant, a self-actor who had instituted 26 lawsuits regarding a property he managed under power of attorney, sought condonation to appeal to the Constitutional Court against a High Court decree of perpetual silence. The Constitutional Court found no constitutional issue had been determined by the High Court.
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