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Harare High Court
Elena Gonye & 48 Ors v Redan Kerosene (Pvt) Limited & 4 Ors
HH 518-23
Case Details
Court
Harare High Court
Date
7 September 2023
Citation
HH 518-23
Neutral Citation
[2023] ZWHH 518
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Property lawAdministrative lawEnvironmental law
Keywords
Fuel stationBuilding permitUrgencyLocus standiInterdict
Tags
Environmental lawUrban planningInterdict
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Do the applicants have locus standi to bring this application?","issue_type":"procedural","dispositive":"no","related_facts":"Only first applicant disclosed proximity to development"}
- {"issue_text":"Is this matter urgent within the meaning of the rules?","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 18+ months after objection period"}
- {"issue_text":"Can the court interdict lawful conduct pursuant to a valid permit?","issue_type":"procedural","dispositive":"no","related_facts":"Development has approved building plans and EIA certificate"}
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background
Facts of the Case
Background
49 residents of Churchill Avenue, Harare brought an urgent chamber application seeking to stop construction of a fuel station and fast food outlet in their residential area. They alleged the development posed safety risks and was approved without proper consultation.
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