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Harare High Court

Elizabeth Mashindi v Ngungunyana Housing Co-Operative and Luke Chesango and Wells Hamunakwadi and Tiko Sibanda

HH 143-22

Case Details

Court
Harare High Court
Date
9 March 2022
Citation
HH 143-22
Neutral Citation
[2022] ZWHH 143
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Property lawCo-operative societies law
Keywords
Co-operative societyStand repossessionDomestic remediesExhaustion of remedies
Tags
Co-operative societiesProperty rightsDomestic remedies
legislation
Statutes Cited
  • Co-operative Societies Act
  • Co-operative Societies Act
  • Co-operative Societies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff must exhaust domestic remedies under Co-operative Societies Act before approaching court","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute arose within co-operative society between member and society"}
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background
Facts of the Case

Background

The plaintiff, a member of Ngungunyana Housing Co-Operative since 2006, had her stand repossessed and was expelled from the co-operative. Her wooden cabin was demolished and the stand reallocated to the 3rd defendant. She sought court intervention to declare her expulsion null and void and to evict the defendants from her stand.
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