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Harare High Court
Fishrod Investments (Private) Limited v City of Harare & 4 Ors
HH 195-23
Case Details
Court
Harare High Court
Date
23 December 2022
Citation
HH 195-23
Neutral Citation
[2023] ZWHH 195
Outcome
unknown
Case Type
Application
Bench
Presiding
Bachi Mzawazi J
Full Bench
Bachi Mzawazi J
Areas of Law
Property lawAdministrative lawLocal government law
Keywords
Open spaceChange of useStatutory complianceNullity
Tags
Local governmentLand useStatutory compliance
legislation
Statutes Cited
- Regional, Town and Country Planning Act
- Urban Councils Act
- High Court Act
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 1st respondent complied with section 49(3) of the Regional, Town and Country Planning Act when selling the land","issue_type":"law","dispositive":"yes","related_facts":"Sale without notice to adjacent owners"}
- {"issue_text":"Whether the applicant is entitled to the declaratory relief sought","issue_type":"law","dispositive":"yes","related_facts":"Applicant's interest as adjacent property owner"}
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background
Facts of the Case
Background
The applicant sought a declaratory order that the disposal of an open space adjacent to its properties by the City of Harare to the 4th and 5th respondents was null and void due to non-compliance with section 49(3) of the Regional, Town and Country Planning Act. The 8,500 square metre open space in Carlisle Drive, Alexandria Park, Harare was sold without notifying adjacent property owners as required by law.
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