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Constitutional Court
The Cold Chain (Private) Limited T/A Sea Harvest v Robson Makoni
[2017] ZWCCZ 8
Case Details
Court
Constitutional Court
Date
17 February 2017
Citation
[2017] ZWCCZ 8
Judgment No.
CCZ 8/2017
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba DCJ
Full Bench
Malaba DCJGowora JCCPatel JCC
Areas of Law
Constitutional LawCivil Procedure
Keywords
constitutional matterleave to appealSupreme Courtfunctus officiores judicatas 176 Constitutiondollarization
Tags
constitutional matterleave to appealfunctus officiores judicatacurrency conversion
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Supreme Court determined a constitutional matter when it overturned the High Court's decision on functus officio and res judicata","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court referred to s 176 of Constitution in its judgment"}
- {"issue_text":"Whether the applicant has shown reasonable prospects of success on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant must demonstrate constitutional matter was decided"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The respondent sued the applicant for damages from a 1999 motor vehicle accident. The High Court awarded damages in Zimbabwean and Botswana currencies in 2008. After Zimbabwe dollarization made the Zimbabwe currency valueless, the respondent sought conversion to US dollars. The High Court declined jurisdiction citing functus officio and res judicata. The Supreme Court overturned this, holding the conversion application raised new issues. The applicant seeks leave to appeal this Supreme Court decision to the Constitutional Court.
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