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Constitutional Court
Livera Trading (Private) Limited & Anor v Tornbridge Assets Limited & 2 Ors
[2016] ZWCCZ 13
Case Details
Court
Constitutional Court
Date
17 October 2016
Citation
[2016] ZWCCZ 13
Judgment No.
CCZ 13/2016
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
ZIYAMBI JCC
Full Bench
ZIYAMBI JCC
Areas of Law
Constitutional LawIntellectual Property LawCivil Procedure
Keywords
trademarkcopyrightappeal rightsconstitutional violationinterim relief
Tags
trademark infringementintellectual propertyconstitutional rightsaccess to courts
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court order restricting the applicants' right of appeal without prior leave violated their constitutional right of access to courts under section 69 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"High Court order of 2016-09-19 restricted appeal rights; applicants sought constitutional remedy"}
- {"issue_text":"Whether applicants should have exhausted domestic remedies before approaching Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents argued applicants should have appealed to Supreme Court first"}
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background
Facts of the Case
Background
The applicants sought leave to appeal to the Constitutional Court against a High Court order that restricted their right to appeal without prior leave, arguing this violated their constitutional right of access to courts under section 69 of the Constitution.
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