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Constitutional Court
Lytton Investments (Private) Limited v Standard Chartered Bank Zimbabwe Limited & Attorney-General of Zimbabwe
[2018] ZWCCZ 11
Case Details
Court
Constitutional Court
Date
20 November 2018
Citation
[2018] ZWCCZ 11
Judgment No.
CCZ 11/18
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJ
Areas of Law
Constitutional LawHuman Rights Law
Keywords
direct accessconstitutional reviewfundamental rights infringementSupreme Court finalitysection 85(1) Constitution
Tags
constitutional reviewdirect accessfundamental rightsSupreme Court decision
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the validity of a Supreme Court decision in a non-constitutional matter can be challenged on grounds of infringing fundamental rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court dismissed appeal in non-constitutional matter"}
- {"issue_text":"Whether applicant has prospects of success in main application","issue_type":"procedural","dispositive":"yes","related_facts":"Application seeks to set aside final Supreme Court decision"}
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background
Facts of the Case
Background
The applicant sought direct access to the Constitutional Court to challenge a Supreme Court decision in a non-constitutional matter, alleging that the Supreme Court's decision infringed its fundamental rights to equal protection of the law and fair hearing. The underlying dispute concerned an application for leave to institute a class action which was dismissed by the High Court and upheld by the Supreme Court.
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