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Constitutional Court
Simon Shonhayi Denhere v Mutsa Denhere (nee Marange) & Anor
[2019] ZWCCZ 9
Case Details
Court
Constitutional Court
Date
13 March 2019
Citation
[2019] ZWCCZ 9
Judgment No.
CCZ 9/19
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGwaunza DJCBere JCC
Areas of Law
Constitutional LawFamily LawCivil Procedure
Keywords
direct accessconstitutional court jurisdictionstare decisismatrimonial property distributionsection 85 constitutionsection 56 constitution
Tags
direct accessconstitutional reviewstare decisisdivorceproperty distribution
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Supreme Court Act [Chapter 7:10]
- Matrimonial Causes Act [Chapter 5:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a party may approach Constitutional Court under section 85(1) alleging Supreme Court decision on non-constitutional matter violated fundamental rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court dismissed appeal in divorce matter"}
- {"issue_text":"Whether it was in interests of justice to grant direct access","issue_type":"procedural","dispositive":"no","related_facts":"Applicant alleged violation of right to equal protection of law"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Applicant sought direct access to Constitutional Court alleging Supreme Court violated his right to equal protection of law by failing to apply stare decisis principle in divorce property distribution appeal. Supreme Court had held that Takafuma formula not applicable to every case.
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