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Constitutional Court
Tendai Mashamanda v Bariade Investments (Private) Limited & 5 Ors
CCZ 9/23
Case Details
Court
Constitutional Court
Date
25 July 2023
Citation
CCZ 9/23
Neutral Citation
[2023] ZWCCZ 9
Outcome
unknown
Case Type
Application
Bench
Presiding
Hlatshwayo JCC
Full Bench
Garwe JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional lawProperty lawCivil procedure
Keywords
direct accessconstitutional infringementSupreme Court reviewpignus judicialelocus standi
Tags
direct accessconstitutional rightsSupreme Court review powerspignus judiciale
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
- 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 7:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has locus standi to challenge Supreme Court's exercise of review powers","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was not party to proceedings reviewed"}
- {"issue_text":"Whether Supreme Court's review of default judgment infringed applicant's constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court set aside judgment affecting applicant's property"}
- {"issue_text":"Whether direct access should be granted in interests of justice","issue_type":"procedural","dispositive":"yes","related_facts":"No constitutional matter properly raised"}
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background
Facts of the Case
Background
The applicant sought direct access to the Constitutional Court alleging that the Supreme Court had infringed his constitutional rights when it reviewed and set aside a High Court default judgment under section 25(2) of the Supreme Court Act. The applicant had purchased property at a sheriff's auction that was subject to ongoing litigation.
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