Streamsleigh Investments (Private) Limited v Autoband Investments (Private) Limited

[2014] ZWCCZ 8

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Case Details

Court

Constitutional Court

Date

24 July 2014

Citation

[2014] ZWCCZ 8

Judgment No.

CCZ 8/14

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Full Bench

CHIDYAUSIKU CJ

Areas of Law

Constitutional lawProperty lawCivil procedure

Keywords

spoliation orderevictionconstitutional questionappeal validityproperty rightssection 56(1)section 71

Key Issues

{"issue_text":"Whether the notice of appeal filed by Autoband raises constitutional questions and is valid","issue_type":"constitutional","dispositive":"no","related_facts":"Autoband's grounds of appeal based on sections 56(1) and 71 of Constitution"}
{"issue_text":"Whether execution of Supreme Court judgment should proceed despite noting of constitutional appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Sheriff's uncertainty on proceeding with eviction"}

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Facts of the Case

Background

Streamsleigh Investments, claiming ownership and occupation of premises at 15 Lanark Road, was evicted based on a spoliation order granted against African Medical Investments. Though not a party to the original proceedings, Streamsleigh successfully appealed to the Supreme Court which set aside the eviction. Autoband then filed a constitutional appeal, leading to this chamber application to determine the appeal's validity.

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