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GRAMARA (PVT) LTD & ANOR v GOVT OF ZIMBABWE & ORS 2010 (1) ZLR 59 (H)

2010 (1) ZLR p59

Citation

2010 (1) ZLR 59 (H)

Case No

Judgment No. HH-169-09

Court

High Court, Harare

Judge

Patel J

Heard

24 November 2009

Judgment

26 January 2010

Counsel

L Uriri, for the applicants
Mrs F Maxwell, for the respondents
G N Mlotshwa, for the intervener

Case Type

Opposed court application

Annotations

Link to case annotations

Flynote

International law – treaties – how State which is party to treaty may be bound by treaty – SADC Treaty – Zimbabwe bound by Treaty and amendment thereto – SADC Tribunal established under Protocol to Treaty – judgment of Tribunal – registration and enforcement thereof – not enforceable if contrary to public policy – meaning of public policy – contrary to public policy to violate international obligations – effect of judgment contrary to Constitution of Zimbabwe and undermining authority of Supreme Court – practical consequences of compliance – must also be considered

Practice and procedure – judgment – foreign judgment - registration and enforcement of – judgment of tribunal not specified under Civil Matters (Mutual Assistance) Act [Chapter 8:02] – when may be enforced by courts – public policy considerations – effect of

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