Francis Rateyiwa v Kambuzuma Housing Cooperative and City of Harare

HH 52-2007

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Case Details

Court

Harare High Court

Date

23 May 2007

Citation

HH 52-2007

Neutral Citation

[2007] ZWHH 52

Outcome

unknown

Case Type

Application

Bench

Presiding

GOWORA J

Full Bench

GOWORA J

Areas of Law

Property LawCo-operative Societies LawCivil Procedure

Keywords

specific performanceco-operative societydomestic remediesstatutory complianceillegal contract

Key Issues

{"issue_text":"Whether the applicant should have exhausted domestic remedies under s 115 of Co-operative Societies Act before approaching the High Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not refer dispute to registrar; dispute concerns business of cooperative"}
{"issue_text":"Whether the alleged sale agreement is illegal and void under s 80 of Co-operative Societies Act","issue_type":"law","dispositive":"yes","related_facts":"Property allegedly sold without registrar's approval; applicant signed as both buyer and seller"}

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background

Facts of the Case

Background

The applicant, a member of Kambuzuma Housing Cooperative, sought specific performance of an alleged agreement to purchase a plot of land from the cooperative. He had been suspended and subsequently expelled from the cooperative in 2006. The cooperative raised preliminary objections regarding failure to exhaust domestic remedies and illegality of the transaction.

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