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Constitutional Court
Frank Buyanga Sadiqi v Chantelle Tatenda Muteswa
[2021] ZWCCZ 14
Case Details
Court
Constitutional Court
Date
19 October 2021
Citation
[2021] ZWCCZ 14
Judgment No.
CCZ 14/21
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel JCC
Full Bench
Garwe JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional lawFamily lawCivil procedure
Keywords
dirty hands doctrinecourt orderschild abductionfugitive from justiceaccess to courts
Tags
child custodyguardianshipdirty hands doctrinefugitive from justice
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a litigant in flagrant violation of court orders can approach the Constitutional Court for relief","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant violated 5 court orders, is fugitive from justice"}
- {"issue_text":"Whether the dirty hands doctrine applies to constitutional litigation","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant violated court orders, seeks constitutional relief"}
- {"issue_text":"Whether a fugitive from justice has locus standi to approach the courts","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is on Interpol Red Notice for kidnapping"}
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background
Facts of the Case
Background
The applicant sought leave to appeal against two Supreme Court judgments concerning custody of his minor child. The Court refused to hear the applications because the applicant was in flagrant violation of multiple court orders regarding the child's custody and was a fugitive from justice wanted by Interpol for kidnapping and contempt of court.
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