NOC (PVT) LTD v MD & ANOR 2015 (2) ZLR 849 (H)

Flynote

Constitutional law — Constitution of Zimbabwe 2013 — Declaration of Rights — right to privacy (s 57) — subpoena requiring party to produce documents necessary for determination of tax appeal by business rival of party — appellant's rights to access to information (s 62) and to fair trial (s 69) overriding party's rights to privacy

Practice and procedure — abuse of process — subpoena duces tecum — subpoenaed party claiming that production of relevant documents burdensome — subpoena specific as to which documents were required — not a fishing expedition — subpoena upheld

Practice and procedure — subpoena duces tecum — subpoena issued by a party in another matter — objection to — subpoenaed party claiming documents not necessary — determination of relevance of documents a matter for the court