Judgment No. CCZ 8/14 4 Constitutional Court Application No. CCZ 45/14 C. The appellant obtained an order of spoliation from the Magistrates Court. The respondent appealed to the High Court. The appellant obtained leave to execute pending appeal. The respondent then sought a declaration of rights the effect of which was to undermine the process it had instituted in the High Court. For the stronger reason, the effect was to violate the appellant’s right to the equal protection and benefit of the law guaranteed by section 56(1) of the Constitution. The matter before the Supreme Court was the appeal in respect of the denial of the declaration of rights, and not the appeal from the Magistrates Court. The Supreme Court granted a substantive constitutive (order), as opposed to a purely declaratory order that had been sought, and in so doing determined the substantive merits of the appeal pending before the High Court. D. The order of the Supreme Court infringed on the appellant’s proprietary rights protected under section 71 of the Constitution, and for the stronger reason, the equal protection and benefit of the law aforesaid. TAKE NOTICE THAT the grounds of appeal are as follows – 1. The Supreme Court erred in determining the merits of an appeal that is pending before the High Court, and in so doing infringed the appellant’s right to the equal protection and benefit of the law protected and guaranteed under section 56(1) of the Constitution of Zimbabwe. 2. The Supreme Court denied the appellant the protection of the law in granting a substantive constitutive order, and not a purely declaratory order which had been prayed for. 3. To the extent that the appellant’s principal shareholder is the beneficial owner of the immovable property in question, and to the further extent that an incident of ownership is the right to occupation, and to the even further extent that the effect of the Supreme Court judgment is to order the ejectment of the owner of the property, the appellant was deprived of the property rights protected and guaranteed under section 71 of the Constitution of Zimbabwe. WHEREFORE the appellant prays for the following relief – 1. It is declared that the appellant has been denied the right to the equal protection and benefit of the law protected and guaranteed in section 56(1) of the Constitution of Zimbabwe. 2. It is declared that the appellant’s property rights protected in section 71 of the Constitution of Zimbabwe have been infringed.