{"issue_text":"Whether the cause of action arose before or after the 2013 Constitution came into force","issue_type":"procedural","dispositive":"yes","related_facts":"2010 High Court judgment recognizing Malawi judgment; 2013 Constitution promulgation"}
{"issue_text":"Whether the liquidator had requisite authority to commence proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Section 221 Companies Act requirements; lack of court leave or creditor authorization"}
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background
Facts of the Case
Background
A Zimbabwean company in liquidation and its liquidator sought constitutional declarations that the common law rule preventing courts from examining merits of foreign judgments violated constitutional rights. The underlying dispute involved recognition and enforcement of Malawi court judgments against the Zimbabwean company.
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