Judgment No. CCZ 3 /13 8 Constitutional Application No. CCZ 287/12 context of persons with HIV or AIDS, I take the view that the discretion of this Court should be exercised in favour of retaining this matter on the roll until the constitutional issues raised are properly resolved. I therefore consider it prudent and necessary to refer this application to the High Court for it to proceed as an action for trial and for that court to determine the matter in its entirety. It is accordingly ordered that: 1. This application be and is hereby referred for trial to the High Court for determination on the facts and on its merits. 2. For the purposes of trial, the notice of application and notice of opposition filed of record herein shall respectively stand as the summons and notice of appearance to defend. 3. The plaintiff (the applicant herein) shall file his declaration within 10 days from the date of this order. 4. The matter shall thereafter proceed in accordance with the Rules of the High Court. 5. In the event that any party is aggrieved by the decision of the High Court, whether on the facts or on the merits, he is hereby given leave to appeal to this Court within 10 days from the date of that decision. 6. The costs of this application shall be costs in the cause. CHIDYAUSIKU CJ: I agree. MALABA DCJ: I agree. ZIYAMBI JA: I agree. GARWE JA: I agree.