On 17 October 2023 the Supreme Court was seized with an application “for a review” of a judgment by a single judge of the court sitting in chambers “purportedly” filed in terms of s 176 of the Constitution of Zimbabwe 2013 as read with s 6 of the Supreme Court Act [Chapter 7:13] (“the Act”). The court dismissed with costs an application for referral in terms of s 175 (4) of the Constitution and indicated that its reasons would ensue in due course. On 19 October 2023, the Supreme Court rendered its decision declining jurisdiction in respect of the application...
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This matter was placed before the full bench of this Court for confirmation of an order of constitutional invalidity pursuant to r 31 of the Constitutional Court Rules, 2016, (hereinafter “the Rules”) as read with s 175 (1) of the Constitution, against the judgment of the High Court, (hereinafter “court a quo”) in the case of Penelope Douglas Stone & Anor v Central Africa Building Society & Ors HC 4243/21.
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