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Bulawayo High Court

Chiratidzo Lorraine Jeyacheya (In her capacity as the Executrix Dative of the Estate Late Eunice Jeyacheya) v City of Kwekwe and Minister of Local Government, Public Works & National Housing N.O. and Registrar of Deeds N.O. and The Deputy Sheriff of the High Court of Zimbabwe N.O.

HB 154/22

Case Details

Court
Bulawayo High Court
Date
16 June 2022
Citation
HB 154/22
Neutral Citation
[2022] ZWHB 154
Outcome
unknown
Case Type
Application

Bench

Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Administrative LawProperty LawLocal Government Law
Keywords
Ministerial directiveCouncil housingTitle deedsGenuine and deserving tenantUrban Councils Act
Tags
HousingLocal AuthorityMinisterial DirectiveProperty Transfer
legislation
Statutes Cited
  • Urban Councils Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has a clear right to transfer of the council house based on the 2015 ministerial directive","issue_type":"mixed","dispositive":"yes","related_facts":"20+ years tenancy, ministerial directive, council's discretion"}
  • {"issue_text":"Whether the council properly exercised its discretion in determining the applicant was not a genuine and deserving tenant","issue_type":"law","dispositive":"yes","related_facts":"Employment-related tenancy, council's discretion under directive"}
  • {"issue_text":"Whether the court should interfere with the council's exercise of discretion","issue_type":"law","dispositive":"yes","related_facts":"Judicial deference principles, reasonableness of council's decision"}
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background
Facts of the Case

Background

The applicant, as executrix dative of the late Eunice Jeyacheya's estate, sought an order compelling the City of Kwekwe to transfer a council house to her name based on a 2015 ministerial directive requiring local authorities to issue title deeds to genuine and deserving tenants who had rented council accommodation for over 20 years. Eunice Jeyacheya had been employed by the council from 1981 to 2016 and lived in the house throughout that period.
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