Misheck Muza v (1) Reggy Francis Saruchera (in his capacity as liquidator of J.W. Jaggers Wholesalers (Pvt) Ltd) (2) Price Trust (3) Master of the High Court (4) Registrar of Deeds

[2019] ZWCCZ 5

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Case Details

Court

Constitutional Court

Date

27 February 2019

Citation

[2019] ZWCCZ 5

Judgment No.

CCZ 5/19

Outcome

unknown

Case Type

Application

Bench

Presiding

Malaba CJ

Full Bench

Malaba CJPatel JCCGuvava JCC

Areas of Law

Constitutional lawCivil procedure

Keywords

Constitutional Court jurisdictionLeave to appealWithdrawal of appealConstitutional matterRule 32(2)

Key Issues

{"issue_text":"Whether the Constitutional Court can grant leave to appeal against a Supreme Court order dismissing a withdrawn appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant withdrew appeal in Supreme Court"}
{"issue_text":"Whether there exists a constitutional matter to appeal against","issue_type":"constitutional","dispositive":"yes","related_facts":"No constitutional issue was determined by Supreme Court"}

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background

Facts of the Case

Background

The applicant owned immovable property that was sold to the second respondent and transferred by the fourth respondent at the instance of the first respondent. The applicant challenged the sale and transfer in the High Court but lost. He appealed to the Supreme Court but withdrew the appeal on the hearing date. He then sought leave to appeal to the Constitutional Court alleging infringement of his right to a fair hearing.

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