Lovemore Chitsuro and 17 Others v Massmore Investments (Private) Limited and 2 Others

HH 649-23

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Case Details

Court

Harare High Court

Date

5 December 2023

Citation

HH 649-23

Neutral Citation

[2023] ZWHH 649

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Property LawInterdictory ReliefUrgent Applications

Keywords

evictiondemolitioninterdictprovisional orderlease agreementslocal authority

Key Issues

{"issue_text":"Whether the applicants have established urgency for their urgent application","issue_type":"procedural","dispositive":"no","related_facts":"The original order was from 2022, applicants only approached court when threatened"}
{"issue_text":"Whether the applicants have established a prima facie right to a temporary interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants have lease agreements, face imminent harm"}
{"issue_text":"Whether an order granted against other parties can be enforced against the applicants","issue_type":"law","dispositive":"yes","related_facts":"Applicants were never cited in HC1730/22"}

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background

Facts of the Case

Background

The applicants, who are residents of Manyame, Chitungwiza, sought an urgent interdict to prevent the demolition of their properties based on a court order (HC1730/22) to which they were not parties. They claimed to have lease agreements with Chitungwiza Municipality and argued that the eviction order could not be enforced against them as they were never cited in the original matter.

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