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Constitutional Court
Ritamarque Mbatha v Vincent Ncube & Anor (Messenger of Court)
[2023] ZWCCZ 17
Case Details
Court
Constitutional Court
Date
26 June 2023
Citation
[2023] ZWCCZ 17
Judgment No.
CCZ 17/23
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel JCC
Full Bench
Patel JCC
Areas of Law
Constitutional lawCivil procedure
Keywords
condonationrule 9(7) non-compliancedirect accessmoot academic disputefair trial rights
Tags
condonationnon-compliancedirect accessmootnessfair trial
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for non-compliance with rule 9(7)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to serve through Sheriff; no reasonable explanation provided"}
- {"issue_text":"Whether the application has become moot following eviction","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant evicted on 23 May 2023; no practical relief possible"}
- {"issue_text":"Whether applicant has prospects of success in main application","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged discrimination by Supreme Court; violation of fair trial rights"}
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background
Facts of the Case
Background
Applicant sought condonation for non-compliance with rule 9(7) to file direct access application challenging Supreme Court decisions. She had been evicted from respondent's property under valid court order, rendering the application academic.
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