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Harare High Court
Common Vision Housing Consortium v City of Harare & 5 Ors
HH 442-18
Case Details
Court
Harare High Court
Date
25 July 2018
Citation
HH 442-18
Neutral Citation
[2018] ZWHH 442
Outcome
unknown
Case Type
Application
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Property LawAdministrative LawLocal Government Law
Keywords
Housing cooperativesStand allocationEncroachmentDeclaraturBudiriro Township
Tags
Property LawHousing AllocationEncroachmentLocal Government
legislation
Statutes Cited
- High Court Act
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the allocation and sale of stands 19751-19793 to applicant's member cooperatives remains legally binding","issue_type":"law","dispositive":"yes","related_facts":"2011 allocation, lack of cancellation evidence"}
- {"issue_text":"Whether the sixth respondent's wall constitutes unlawful encroachment","issue_type":"mixed","dispositive":"yes","related_facts":"Wall construction, stand boundaries, lack of authority"}
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background
Facts of the Case
Background
The applicant, Common Vision Housing Consortium, representing 35 housing cooperatives, was allocated 1,300 unserviced stands in Budiriro Township by the City of Harare in 2011-2012. The sixth respondent, Johane Marange Apostle Church, erected a brick and mortar wall encroaching on stands 19750-19793. The applicant sought a declaratur confirming the validity of the allocation and ordering demolition of the encroaching wall.
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