Chitungwiza Municipality v Tendai Mazuru & 10 Ors and Nyatsime Housing Development Association and The Minister, Ministry of Local Government, Rural and Urban Development and The Minister, Ministry of Land, Land Reform and Rural Resettlement N.O.

HH 300-13

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Case Details

Court

Harare High Court

Date

4 September 2013

Citation

HH 300-13

Neutral Citation

[2013] ZWHH 300

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAKUVA J

Full Bench

TAKUVA J

Areas of Law

Property LawMunicipal LawInterdict Law

Keywords

Land invasionUrban developmentInterdictMunicipal authorityHousing project

Key Issues

{"issue_text":"Whether the applicant has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"The municipality sold stands to beneficiaries and respondents acknowledge its regulatory role"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Approximately 700 applicants unlawfully occupied the land, disrupting a $2.1 million project"}
{"issue_text":"Whether the applicant is entitled to an interdict preventing the respondents' occupation","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents unilaterally occupied stands and threatened to allocate to non-record beneficiaries"}

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background

Facts of the Case

Background

Chitungwiza Municipality obtained land from government ministries for urban expansion and established the Nyatsime Housing Project Scheme to allocate 15,000 stands to beneficiaries. The first to tenth respondents, claiming to have purchased stands from the municipality, unilaterally occupied and began developing the land in May 2013, disrupting the municipality's planned development process.

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