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Constitutional Court
Rita Marque Mbatha v (1) Confederation of Zimbabwe Industries (2) The Sheriff of Zimbabwe
[2021] ZWCCZ 5
Case Details
Court
Constitutional Court
Date
13 July 2021
Citation
[2021] ZWCCZ 5
Judgment No.
CCZ 05/21
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA AJCC
Full Bench
GARWE AJCCGOWORA AJCCPATEL AJCC
Areas of Law
Constitutional LawCivil Procedure
Keywords
direct accesss 167(5) Constitutions 85 Constitutioninterlocutory proceedingsexecutionstay of execution
Tags
direct accessconstitutional applicationexecution of judgmentinterlocutory order
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether it is in the interests of justice to grant direct access to Constitutional Court to challenge an interlocutory order suspending execution of a judgment","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"High Court suspended writ pending HC 4380/20; main dispute not yet determined"}
- {"issue_text":"Whether applicant established prospects of success for main constitutional application","issue_type":"procedural","dispositive":"yes","related_facts":"Real dispute between parties still pending in High Court"}
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background
Facts of the Case
Background
Applicant obtained Supreme Court judgment for USD41,161.30 against first respondent, issued writs of execution, attached immovable property; High Court suspended sale in execution pending determination of whether judgment debt had been discharged; applicant sought direct access to Constitutional Court alleging violation of her right to protection of the law under s 56(1) of Constitution.
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