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Harare High Court

VOEDSEL ENTERPRISES (PVT) LTD and VOEDSELTOBACCO ENTERPRISES (PVT) LTD v AFC COMMERCIAL BANK and THE MINISTER OF LANDS, AGRICULTURE, FISHERIES, WATER, CLIMATE AND RURAL DEVELOPMENT and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

HH 877-22

Case Details

Court
Harare High Court
Date
8 December 2022
Citation
HH 877-22
Neutral Citation
[2022] ZWHH 877
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Constitutional LawBanking LawAgricultural Law
Keywords
parate executiestay of executionright of access to courtsAgricultural Finance Actstare decisis
Tags
Constitutional LawAgricultural FinanceExecutionUrgent Application
legislation
Statutes Cited
  • Agricultural Finance Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant properly cited the first respondent as AFC Commercial Bank when the registered name is AFC Bank (Private) Limited","issue_type":"procedural","dispositive":"yes","related_facts":"The Bank's name discrepancy in documents"}
  • {"issue_text":"Whether the constitutional issue raised by the applicant has already been decided by the Constitutional Court in Glens Removal & Storage Zimbabwe (Private) Limited v Patricia Mandala","issue_type":"law","dispositive":"yes","related_facts":"The similarity between parate executie under common law and the statutory power under s 38 of the Agricultural Finance Act"}
  • {"issue_text":"Whether the High Court is bound by Constitutional Court precedent on the constitutionality of selling property without court recourse","issue_type":"law","dispositive":"yes","related_facts":"The existence of binding precedent from the highest court"}
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background
Facts of the Case

Background

The applicants approached the court seeking a stay of execution of an auction sale of their immovable property scheduled for 9 December 2022 by the first respondent, AFC Commercial Bank. The applicants sought to challenge the constitutionality of the Bank's power to sell the property without further recourse to the court under the Agricultural Finance Act, pending a separate constitutional challenge in the High Court.
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