HARARE AND DISTRICT HELLENIC COMMUNITY v CREMION CLAUDIOUS MAPFUMBA and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY and CITY OF HARARE

HH 434-2012

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Case Details

Court

Harare High Court

Date

8 November 2012

Citation

HH 434-2012

Neutral Citation

[2012] ZWHH 434

Outcome

unknown

Case Type

Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

Property LawInterdicts

Keywords

InterdictProperty OccupationWrong Court

Key Issues

{"issue_text":"Whether the deponent to the applicant's founding affidavit properly articulated his capacity and whether the constitution should have been attached","issue_type":"procedural","dispositive":"no","related_facts":"Deponent's affidavit did not attach constitution"}
{"issue_text":"Whether the applicant approached the wrong court and should have taken the dispute to the Administrative Court under section 114 of the Water Act","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks interdict regarding property occupation"}

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background

Facts of the Case

Background

The applicant, Harare and District Hellenic Community, filed an application seeking to evict the first respondent from property it owns. The first respondent raised two preliminary objections challenging the deponent's capacity and arguing the matter should have been brought before the Administrative Court.

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