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CHINAMORA v ANGWA FURNISHERS (PVT) LTD & ORS 1996 (2) ZLR 664 (S)

1996 (2) ZLR p664

Citation

1996 (2) ZLR 664 (S)

Case No

Judgment No. S-228-96

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA, Korsah JA, Ebrahim JA & Muchechetere JA

Heard

18 October 1996

Judgment

28 November 1996

Counsel

P Nherere, for the applicant
A P de Bourbon SC, for the first respondent
L Hove, for the second respondent and the Attorney-General

Case Type

Constitutional application

Annotations

Link to case annotations

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 13(1) — right to personal liberty — s 15(1) — protection from inhuman or degrading punishment or other such treatment — s 18(1) — right to protection of the law — whether civil imprisonment of a wilfully defaulting debtor violates such rights and protections

Civil imprisonment — means — whether Magistrates Court Act [Chapter 7:10] as read with the Magistrates Court (Civil) Rules contains sufficient safeguards to ensure that person who lacks the means to pay his debt is not imprisoned

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