Judgment No. CCZ 8/14 1 Constitutional Court Application No. CCZ 45/14 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied . DISTRIBUTABLE (4) STREAMSLEIGH INVESTMENTS (PRIVATE) LIMITED v AUTOBAND INVESTMENTS (PRIVATE) LIMITED CONSTITUTIONAL COURT OF ZIMBABWE HARARE, JULY 3 & 24, 2014 A P de Bourbon SC, for the applicant L Uriri, for the respondent Before: CHIDYAUSIKU, CJ, In Chambers The facts of this case are lengthy and fairly complex, but have been fairly summarised by GOWORA J in judgment no. SC 43/14. There is no point in regurgitating them. However, I will restate some of the facts for the purpose of providing a context to this judgment. The respondent, Autoband Investments (Private) Limited (“Autoband”), launched spoliation proceedings seeking to evict African Medical Investments (Private) Limited (“AMI”) from No. 15 Lanark Road, Belgravia, Harare (“the premises”) in the magistrate’s court. The present applicant, Streamsleigh Investments (Private) Limited (“Streamsleigh”) was not cited as a respondent in those proceedings although it contended that it was in occupation of the premises as owner of the premises. It follows from this contention that, according to Streamsleigh, Autoband was suing the wrong party. Although

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