ISMAIL NO v ST JOHN'S COLLEGE & ORS 2019 (3) ZLR 753 (CC)
Citation | 2019 (3) ZLR 753 (CC) |
Case No | Judgment No. CC-19-19 |
Court | Constitutional Court, Harare |
Judge | Malaba CJ (in chambers) |
Heard | 18 July 2019 |
Judgment | 14 October 2019 |
Counsel | L Madhuku, for the applicant |
Case Type | Application for leave to appeal to Constitutional Court |
Annotations |
Flynote
Court – Constitutional Court – leave to appeal to – when court will grant leave to appeal against decision of subordinate court – matter must involve constitutional issue – litigant not entitled to apply for an interim interdict fundamentally similar in substance to final order sought – such order would pre-empt determination of substantive issues on return date – applicant would have been granted constitutional relief after proving entitlement only on prima facie basis
Interdict – interim interdict – purpose – temporary protection pending final decision –interim interdict incorrect remedy for vindication of constitutional rights
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