Constitutional court dismisses Fairclot's challeng...

Constitutional court dismisses Fairclot's challenge against Sharpe

Patience Muchemwa

Senior Reporter

The Constitutional Court has dismissed an application by Fairclot Investments to challenge the Supreme Court's ruling in favor of businessman Ken Sharpe and his company Doorex Properties.

Fairclot had sought direct access to the Constitutional Court to argue that its rights had been infringed upon by the Supreme Court's decision. However, the Constitutional Court bench, comprising Justices Paddington Garwe, Rita Makarau, and Anne Mary Gowora, ruled that the Supreme Court's decision was not a constitutional issue.

The case centered on a debt owed by Doorex to Fairclot for funding a dual carriageway in Harare. The High Court had initially ruled in favor of Fairclot, ordering the attachment of Doorex's prime land in Pomona City. However, Doorex appealed the decision, and the Supreme Court overturned the ruling, stating that the debt was executable in local currency.

Fairclot's application to the Constitutional Court was ultimately dismissed, with the judges finding no evidence that the Supreme Court had violated Fairclot's constitutional rights.