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Harare High Court

Biggie Mwoyoweshumba and Phillip Gardner v National Social Security Authority and City of Harare

HH 302-24

Case Details

Court
Harare High Court
Date
17 July 2024
Citation
HH 302-24
Neutral Citation
[2024] ZWHH 302
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Property LawAdministrative LawLocal Government Law
Keywords
InterdictConstruction workLand allocationGillingham Pay SchemeUrban developmentEmergency relief
Tags
InterdictConstructionLand allocationUrban planning
legislation
Statutes Cited
  • Urban Councils Act
  • Urban Councils Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the urgent application was filed with sufficient urgency","issue_type":"procedural","dispositive":"no","related_facts":"Construction resumed on 23 May 2024, application filed promptly thereafter"}
  • {"issue_text":"Whether applicants have locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are members of Gillingham Pay Scheme allocated specific stands"}
  • {"issue_text":"Whether the town clerk was authorized to represent City of Harare","issue_type":"procedural","dispositive":"no","related_facts":"Town clerk deposed to opposing affidavit without resolution"}
  • {"issue_text":"Whether applicants are entitled to interim interdict relief","issue_type":"mixed","dispositive":"yes","related_facts":"Prima facie right, irreparable harm, balance of convenience, no alternative remedy"}
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background
Facts of the Case

Background

Applicants, members of Gillingham Pay Scheme, were allocated stands 2224-2296 in Glaudina Township by City of Harare in 2014. They developed infrastructure including roads and water reticulation. In March 2024, City of Harare authorized NSSA to construct a junction using draft plan TPY/WR/1/24, which would encroach on applicants' allocated stands. Applicants sought urgent interdict to stop construction.
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