Solanki takes Trauma Centre dispute to Concourt

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Daniel Nemukuyu Senior Court Reporter

Dr Vivek Solanki’s company Autoband Investments, which faces eviction from Trauma Centre in Belgravia, Harare, yesterday appealed to the Constitutional Court against a Supreme Court decision ordering the firm off the premises. Autoband’s lawyer Mr Jonathan Samukange of Venturas and Samukange filed the appeal in terms of Section 167(5) (b) of the Constitution of Zimbabwe citing violation of Constitutional rights.

The Supreme Court judgment by Justice Anne-Mary Gowora declared Streamsleigh Investments, controlled by Mr Peter Annesley, legitimate occupants of the state-of-the art hospital located at number 15 Lanark Road in Belgravia.

In a notice of appeal filed yesterday, Streamsleigh Investments was cited as a respondent.
It is argued that the Supreme Court erred in determining the merits of an appeal that was pending at the High Court and thereby denying the Autoband the right to protection of the law.

Autoband also argues that it property rights were violated by the Supreme Court judgment. Dr Solanki’s eviction on Tuesday failed after he successfully argued that Autoband was entitled to 48 hours notice and that he was appealing against the judgment.

“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.

“The Supreme Court denied the appellant protection of the law in granting a substantive constitutive order, and not a purely declaratory order which had been prayed for,” reads the grounds of appeal.

Autoband also argues that it property rights were violated by the Supreme Court judgment.
“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,” read the grounds of appeal.

Autoband wants the Supreme Court judgment to be quashed on the cited grounds.
Dr Solanki’s eviction on Tuesday failed after he successfully argued that Autoband was entitled to 48 hours notice and that he was appealing against the judgment.
He claims to be the director of Streamsleigh arguing that Streamsleigh cannot evict him from the property.

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