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Supreme Court

Firinne Trust also known as Veritas v Zimbabwe Electoral Commission & 2 Ors

[2020] ZWSC 103

Case Details

Court
Supreme Court
Date
17 July 2020
Citation
[2020] ZWSC 103
Judgment No.
SC 103/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GOWORA JA
Full Bench
GOWORA JAGUVAVA JABHUNU JA
Areas of Law
Constitutional LawElectoral LawTrust LawCivil Procedure
Keywords
voter educationfreedom of expressiontrade namelegal personalocus standi
Tags
constitutional challengeelectoral lawtrust lawlocus standi
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Electoral Act
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a trust can sue in its trade name under Rule 8C when neither the trust nor its trade name is a legal persona","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought in name \"Veritas\" only; Veritas conceded not a legal persona"}
  • {"issue_text":"Whether the court a quo erred in refusing amendment of citation from \"Veritas\" to \"Firinne Trust also known as Veritas\"","issue_type":"procedural","dispositive":"yes","related_facts":"Separate application filed to amend citation; amendment sought after points in limine raised"}
  • {"issue_text":"Whether Form 29B was appropriate for an application served on respondents","issue_type":"procedural","dispositive":"no","related_facts":"Application served on three respondents; Form 29 used instead of Form 29"}
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background
Facts of the Case

Background

Veritas (trading name of Firinne Trust) challenged certain sections of the Electoral Act restricting voter education. The High Court dismissed the application on preliminary grounds that Veritas was not a legal persona and the application form was defective. This is an appeal against that dismissal.
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