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Constitutional Court

Robert Chiite & 7 Ors v The Trustees of the Leonard Cheshire Homes Zimbabwe Central Trust

[2017] ZWCCZ 10

Case Details

Court
Constitutional Court
Date
23 November 2016
Citation
[2017] ZWCCZ 10
Judgment No.
CCZ 10/17
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Malaba DCJ
Full Bench
Malaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCGuvava JCCMavangira JCCBhunu JCC
Areas of Law
Constitutional lawCivil procedure
Keywords
constitutional matterSupreme Court appealevictiontrust propertyabuse of processcosts
Tags
constitutional jurisdictionappeal from Supreme Courtevictionpersons with disabilitiesabuse of court process
legislation
Statutes Cited
  • Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013
  • Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013
  • Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013
  • Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013
  • Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Constitutional Court has jurisdiction to hear a direct appeal from the Supreme Court where no constitutional issue was determined by the Supreme Court","issue_type":"constitutional","dispositive":"yes","related_facts":"No constitutional issue was raised in Supreme Court proceedings"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellants, all persons with permanent physical disabilities, occupied property administered by the respondent trust. After relations soured, the trust sought their eviction. The High Court ruled against the trust, but the Supreme Court overturned this decision and upheld the eviction. The appellants then purported to appeal to the Constitutional Court claiming a constitutional violation.
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