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All Cases/Constitutional Court/2023

Constitutional Court

Tendai Mashamanda v Bariade Investments (Private) Limited & 5 Ors

CCZ 9/23

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Case Details

Court

Constitutional Court

Date

25 July 2023

Citation

CCZ 9/23

Neutral Citation

[2023] ZWCCZ 9

Outcome

unknown

Case Type

Application

Bench

Presiding

Hlatshwayo JCC

Full Bench

Garwe JCCHlatshwayo JCCPatel JCC

Areas of Law

Constitutional lawProperty lawCivil procedure

Keywords

direct accessconstitutional infringementSupreme Court reviewpignus judicialelocus standi

Key Issues

{"issue_text":"Whether applicant has locus standi to challenge Supreme Court's exercise of review powers","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was not party to proceedings reviewed"}
{"issue_text":"Whether Supreme Court's review of default judgment infringed applicant's constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court set aside judgment affecting applicant's property"}
{"issue_text":"Whether direct access should be granted in interests of justice","issue_type":"procedural","dispositive":"yes","related_facts":"No constitutional matter properly raised"}

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background

Facts of the Case

Background

The applicant sought direct access to the Constitutional Court alleging that the Supreme Court had infringed his constitutional rights when it reviewed and set aside a High Court default judgment under section 25(2) of the Supreme Court Act. The applicant had purchased property at a sheriff's auction that was subject to ongoing litigation.

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