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Harare High Court
Diamond Bird Services (Pvt) Ltd and The Trustees of Zimnat Value Preservation Professional Fund v City of Harare and Massbreed Investments (Pvt) Ltd
HH 91-22
Case Details
Court
Harare High Court
Date
16 February 2022
Citation
HH 91-22
Neutral Citation
[2022] ZWHH 91
Outcome
unknown
Case Type
Application
Bench
Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Administrative lawLocal government lawProperty law
Keywords
Section 152 Urban Councils ActLand sale procedureNotice requirementsLocus standi
Tags
Urban Councils ActLand alienationProcedural compliance
legislation
Statutes Cited
- Urban Councils Act
- Constitution of Zimbabwe
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are ratepayers owning land within City of Harare"}
- {"issue_text":"Whether the City of Harare complied with the mandatory requirements of section 152 of the Urban Councils Act","issue_type":"law","dispositive":"yes","related_facts":"Only one publication evidenced; property misdescribed; proposal documents unavailable"}
- {"issue_text":"Whether the procedural defects render the sale agreement null and void","issue_type":"law","dispositive":"yes","related_facts":"Non-compliance with section 152 requirements"}
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background
Facts of the Case
Background
The applicants, who own properties adjacent to Stand 3189 Harare Township, discovered that the City of Harare had sold this recreational land to the second respondent without proper compliance with the mandatory notice requirements under section 152 of the Urban Councils Act. The applicants sought a declaration that the sale process was unlawful and the agreement null and void.
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