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Harare High Court
Bertha Tariro Muzanenhamo v Tevason Investments (Pvt) Ltd t/a Freshpro and Minister of Justice, Legal and Parliamentary Affairs
HH 818-17
Case Details
Court
Harare High Court
Date
29 November 2017
Citation
HH 818-17
Neutral Citation
[2017] ZWHH 818
Outcome
unknown
Case Type
Application
Bench
Presiding
Mwayera J
Full Bench
Mwayera J
Areas of Law
Constitutional LawCivil ProcedureDebt Enforcement
Keywords
civil imprisonmentsection 49 constitutionsection 16 High Court ActOrder 41 High Court Rulescontractual obligationspersonal liberty
Tags
civil imprisonmentconstitutional challengedebt enforcement
legislation
Statutes Cited
- Constitution of Zimbabwe
- High Court Act
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether civil imprisonment by common law is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant facing civil imprisonment proceedings for contractual debt"}
- {"issue_text":"Whether section 16 of the High Court Act is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Section provides that civil imprisonment not available where debtor lacks means"}
- {"issue_text":"Whether Order 41 of the High Court Rules is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Order sets out procedure for civil imprisonment including enquiry into means"}
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background
Facts of the Case
Background
The applicant sought a declaratur that civil imprisonment by common law and section 16 of the High Court Act and Order 41 of the High Court Rules were unconstitutional. The applicant had been jointly liable for a debt with others and the creditor sought to enforce through civil imprisonment proceedings, though no actual imprisonment order had been issued.
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