Batsirai Mapisa & Anor v Minister of Local Government Public Works and National Housing N.O

HH 104-23

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Case Details

Court

Harare High Court

Date

15 February 2023

Citation

HH 104-23

Neutral Citation

[2023] ZWHH 104

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi Mzawazi J

Full Bench

Bachi Mzawazi J

Areas of Law

Property lawLease lawHousing law

Keywords

Lease-to-buyHousing cooperativeDouble allocationVacant possessionLocus standi

Key Issues

{"issue_text":"Whether applicant has made a case for a declaration order","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant has lease agreement, first respondent in occupation"}
{"issue_text":"Whether applicant has locus standi to bring this action","issue_type":"procedural","dispositive":"yes","related_facts":"Lease agreement not terminated, applicant has not received vacant possession"}
{"issue_text":"Whether applicant has right to eject first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant never received vacant possession, first respondent in occupation since 2014"}

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background

Facts of the Case

Background

Two parties claimed rights to property stand 6390 Retreat Waterfalls, Harare. Applicant had a lease agreement with second respondent dated 18 November 2016 through Chimoio Housing Cooperative. First respondent occupied the property since 2014 based on a 2012 allocation letter from Samora Machel Cooperative. Applicant sought declaration of lawful rights and ejectment of first respondent.

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