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Constitutional Court
Ariston Management Services Limited v Econet Wireless Zimbabwe Limited & Peter Carnegie N.O.
[2024] ZWCCZ 08
Case Details
Court
Constitutional Court
Date
18 June 2024
Citation
[2024] ZWCCZ 08
Judgment No.
CCZ 08/24
Outcome
unknown
Case Type
Application
Bench
Presiding
Makarau JCC
Full Bench
Makarau JCCGowora JCCHlatshwayo JCC
Areas of Law
Constitutional LawArbitration LawCivil Procedure
Keywords
right to be heardfair hearingcomposite judgmentarbitral awardreview powers
Tags
arbitrationconstitutional rightsfair hearingdirect access
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitutional Court Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted direct access to Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court failed to determine appeal against registration of award"}
- {"issue_text":"Whether Supreme Court disabled itself from rendering decision on non-constitutional issue","issue_type":"law","dispositive":"yes","related_facts":"Supreme Court struck entire appeal off roll without addressing registration appeal"}
- {"issue_text":"Whether failure to determine appeal against registration violated constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant alleges breach of right to be heard and fair hearing"}
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background
Facts of the Case
Background
Ariston Management Services obtained a loan from Econet Wireless repayable in USD. A dispute arose regarding repayment currency after SI 33/19 made RTGS dollars legal tender at parity with USD. The dispute went to arbitration which favored Econet. Ariston applied to set aside the award while Econet applied for registration. The High Court rendered a composite judgment registering the award and dismissing Ariston's application. Ariston appealed to the Supreme Court which upheld a point in limine and struck the appeal off the roll, failing to address the appeal against registration.
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