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Supreme Court
Johane Marange Apostle Church v Common Vision Housing Consortium & 5 Ors
SC 80/20
Case Details
Court
Supreme Court
Date
18 June 2020
Citation
SC 80/20
Neutral Citation
[2020] ZWSC 80
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA DCJ
Full Bench
GWAUNZA DCJHLATSHWAYO JAPATEL JA
Areas of Law
Property lawBoundary disputesDeclaratory relief
Keywords
boundary wallencroachmentstands allocationBudiriro Townshipdemolition
Tags
boundary disputeencroachmentdemolition orderdeclaratur
legislation
Statutes Cited
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether conclusive evidence was adduced to justify ordering demolition of appellant's wall","issue_type":"fact","dispositive":"yes","related_facts":"Appellant denied encroachment; no inspection in loco conducted; no coordinates provided"}
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background
Facts of the Case
Background
The appellant church erected a brick and mortar boundary wall around its complex in Budiriro Township. The first respondent, representing 35 housing cooperatives, claimed the wall encroached on stands 19750-19793 allocated to its members. The High Court granted a declaratur confirming the allocation and ordered demolition of the wall.
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