George Katsimberis and Coolfitch Investments (Pvt) Ltd and Glasswing Investments (Pvt) Ltd and Halinka Investments (Pvt) Ltd v Kenneth Raydon Sharpe and Kilimanjaro Porcupine and Hamster Trust and Pokugara Properties (Pvt) Ltd and City of Harare and Gunhill Ecofriendly Estates (Pvt) Ltd and Borrowdale Ecofriendly Estates (Pvt) Ltd and Pokugara Ecofriendly Estates (Pvt) Ltd and Chief Registrar of Deeds

HH 649-18

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Case Details

Court

Harare High Court

Date

12 October 2018

Citation

HH 649-18

Neutral Citation

[2018] ZWHH 649

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Civil procedureContract lawProperty law

Keywords

Urgent chamber applicationWrong formNon-complianceInterdictDemolitionJoint venture agreement

Key Issues

{"issue_text":"Whether the urgent chamber application complied with Order 32 r 241(1) of High Court Rules requiring use of Form 29 or 29B","issue_type":"procedural","dispositive":"yes","related_facts":"Application was not in prescribed form"}
{"issue_text":"Whether the application was genuinely urgent warranting preferential treatment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants delayed approaching court despite knowing of disputes since January 2018"}
{"issue_text":"Whether the relief sought was competent given applicants had alternative remedies","issue_type":"procedural","dispositive":"no","related_facts":"Applicants could claim damages or challenge cancellation through arbitration"}

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background

Facts of the Case

Background

The applicants sought an urgent interdict to prevent demolition of a building constructed without approved plans on land subject to a disputed joint venture agreement. The building was scheduled for demolition by the City of Harare by 30 September 2018.

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