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Rules of Construction or Interpretation re: Hortatory or Qualified Provisions

Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

The first respondent also sought to rely on section 26 of the Constitution which provides as follows:“26 MarriageThe State must take appropriate measures to ensure that —(a)-(b)…,.;(c) There is equality of rights and obligations of spouses during marriage and at its dissolution; and(d) In the event of dissolution of a ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

The next question concerns the justiciability and enforceability of..., sections 19, 28, 74 and 81 of the Constitution.Sections 19 and 28, which set out national objectives vis-à-vis children and shelter respectively, are located in Chapter 2 of the Constitution. Section 19(2)(b) enjoins the State to “adopt reasonable policies and measures, ...
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HH135-16 : FRANCIS NYADINDU and SHILLAH NYADINDU vs BARCLAYS BANK OF ZIMBABWE LTD and SHERIFF OF THE HIGH COURT (N.O.) and REGISTRAR OF DEEDS (N.O.) and SOLID REAL ESTATE
Ruled By: DUBE J

A judgment debtor or any person who has an interest in a sale is entitled to bring objections challenging the conduct of a judicial sale by the Sheriff in terms of Rule 359(1).Objections may be taken on all process leading to the sale and are not limited to the actual ...
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SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
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