Clemkwa Building Contractors (Private) Limited v Chivi Rural District Council (2) Minister of Local Government Public Works and National Housing N.O

SC 04/25

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Case Details

Court

Supreme Court

Date

24 January 2025

Citation

SC 04/25

Neutral Citation

[2025] ZWSC 04

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

UCHENA JAKUDYA JAMWAYERA JA

Areas of Law

Administrative LawLocal Government Law

Keywords

Administrative actionJurisdictionReviewLease agreementProperty size

Key Issues

{"issue_text":"Whether the High Court had jurisdiction to determine a review application under the Administrative Justice Act despite a jurisdiction clause in the lease agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Lease agreement contains jurisdiction clause referring disputes to Magistrates Court; Appellant sought review under Administrative Justice Act"}
{"issue_text":"Whether the first respondent's communication regarding property size constituted administrative action reviewable under the Administrative Justice Act","issue_type":"mixed","dispositive":"no","related_facts":"First respondent allegedly reduced property size from 5695m2 to 2600m2; Appellant claims this was unilateral administrative action"}

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background

Facts of the Case

Background

The appellant, a building contractor, was allocated a stand measuring 5695m2 by the first respondent (Chivi Rural District Council) in 2002. A lease agreement was executed in 2021. When the appellant sought approval for expansion, the first respondent allegedly reduced the property size to 2600m2 without consultation. The appellant approached the High Court seeking review under the Administrative Justice Act, but the court declined jurisdiction citing a jurisdiction clause in the lease agreement referring disputes to the Magistrates Court.

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