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Constitutional Court

Zimbabwe Consolidated Diamond Company (Private) Limited v Adlecraft Investments (Private) Limited

Judgment No. CCZ 15/24

Case Details

Court
Constitutional Court
Date
16 October 2024
Citation
Judgment No. CCZ 15/24
Neutral Citation
[2024] ZWCCZ 15
Judgment No.
CCZ 15/24
Outcome
unknown
Case Type
Condonation

Bench

Presiding
Gowora JCC
Full Bench
Makarau JCCGowora JCCHlatshwayo JCC
Areas of Law
Constitutional LawCivil Procedure
Keywords
CondonationNon-compliance with rulesForm CCZ 1Service on Attorney-GeneralJurisdictionDirect access
Tags
CondonationProcedural ComplianceConstitutional RightsDirect Access
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitutional Court Rules, 2016
  • Constitutional Court Rules, 2016
  • Constitutional Court Rules, 2016
  • Constitutional Court Rules, 2016
  • Constitutional Court Rules, 2016
  • Constitutional Court Rules, 2016
  • Constitutional Court Act
  • Constitutional Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the three-member panel has jurisdiction to determine an application for condonation relating to a matter pending before the full bench","issue_type":"procedural","dispositive":"yes","related_facts":"The application under CCZ 3/24 is pending before the full bench; this is a three-member panel"}
  • {"issue_text":"Whether the application was brought under the wrong rule","issue_type":"procedural","dispositive":"no","related_facts":"The applicant invoked rule 5(1)(a) for condonation"}
  • {"issue_text":"Whether the applicant's non-compliance with rule 22(2)(b)-(d) can be condoned","issue_type":"procedural","dispositive":"no","related_facts":"The applicant filed an application that did not state required grounds"}
  • {"issue_text":"Whether late service on the Attorney-General can be validated","issue_type":"procedural","dispositive":"no","related_facts":"Service was effected eight days after filing instead of three days"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought condonation for non-compliance with Constitutional Court Rules when filing an application under CCZ 3/24, which was required to be in accordance with a draft approved for direct access. The applicant also sought validation of late service of the application on the Attorney-General. The respondent raised preliminary objections regarding jurisdiction and the competence of the application.
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