Judgment No. CCZ 8/14 3 Constitutional Court Application No. CCZ 45/14 “In the premises the appeal must succeed. Accordingly, it is ordered as follows – 1. The appeal is upheld with costs. 2. The judgment of the court a quo is set aside and substituted with the following – a) The eviction order granted by the magistrate’s court, Harare, in the matter between Autoband Investments (Private) Limited t/a Trauma Centre v African Medical Investments Plc under case No. MC 16435/11 be and is hereby declared to be of no force, effect and application as against the applicant. b) It is ordered that the applicant be and is hereby restored to possession and occupation of (the) premises known as Stand 2924 Salisbury Township of Salisbury Township Lands situated at Number 15 Lanark Road, Belgravia, Harare. c) It is ordered that the respondent pays the costs of this application on a legal practitioner client scale.” Autoband was dissatisfied with the judgment of the Supreme Court and filed the following notice of appeal to the Constitutional Court: “TAKE NOTICE THAT the appellant hereby appeals to the Constitutional Court of Zimbabwe against the whole of the judgment of the Supreme Court of Zimbabwe given at Harare on the 17th June 2014. The appellant hereby tenders: (i) The costs for the preparation of the record of appeal, and (ii) The respondent’s security for costs in such an amount as may be agreed between the parties, or fixed by the Registrar, as soon as the same have been determined. TAKE NOTICE THAT that the appeal raises Constitutional questions, in that A. The Constitution of Zimbabwe binds all the organs of the State including the Judiciary, and B. The Constitution of Zimbabwe has both vertical and horizontal application and binds private citizens by reason of section 2(2) as read with section 45 thereof, and