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Constitutional Court
Glens Removal and Storage Zimbabwe (Private) Limited v Patricia Mandala
[2017] ZWCCZ 6
Case Details
Court
Constitutional Court
Date
5 March 2014
Citation
[2017] ZWCCZ 6
Judgment No.
CCZ 6/17
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCC
Areas of Law
Constitutional LawContract LawCommercial Law
Keywords
parate executieaccess to courtsconstitutional challengecontract termspublic auction
Tags
constitutional challengeparate executieaccess to courtscontract law
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Former Constitution of Zimbabwe (Lancaster House Constitution)
- Former Constitution of Zimbabwe (Lancaster House Constitution)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether parate executie offended the access to courts provision in the former Constitution (s 18(9) read with s 16(7))","issue_type":"constitutional","dispositive":"no","related_facts":"Contract included parate executie clause; defendant exercised right under clause"}
- {"issue_text":"Whether parate executie offends the access to courts provision in the current Constitution (s 69(3))","issue_type":"constitutional","dispositive":"yes","related_facts":"Contract predated Constitution; constitutional challenge raised on appeal"}
- {"issue_text":"Whether this Court should outlaw parate executie on grounds of public policy","issue_type":"constitutional","dispositive":"no","related_facts":"Comparative law from South Africa; argument that concept is outmoded"}
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background
Facts of the Case
Background
The plaintiff stored goods with the defendant under a contract allowing sale by public auction if storage charges remained unpaid for three consecutive months. When plaintiff breached this clause, defendant sold the goods at auction. Plaintiff sued for damages and won in the High Court. Defendant appealed to Supreme Court, where constitutional issue was raised regarding parate executie.
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