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Harare High Court

Luke Danzvara and Others v City of Harare and Others

HH 530/22

Case Details

Court
Harare High Court
Date
3 August 2022
Citation
HH 530/22
Neutral Citation
[2022] ZWHH 530
Outcome
unknown
Case Type
Application

Bench

Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Administrative LawConstitutional LawLocal Government Law
Keywords
Review ApplicationProcedural IrregularityRight to Human DignityHybrid ApplicationConflation of Remedies
Tags
Land UseLocal GovernmentChurch ConstructionProcedural Fairness
legislation
Statutes Cited
  • High Court Act
  • High Court Act
  • High Court Rules 1971
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Regional, Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is fatally defective due to being a hybrid of review, declaratory, and constitutional relief.","issue_type":"procedural","dispositive":"yes","related_facts":"Conflation of remedies, lack of amendment"}
  • {"issue_text":"Whether the second respondent (Director of Works) is a legal persona capable of being sued.","issue_type":"procedural","dispositive":"no","related_facts":"Citation of Director in official capacity"}
  • {"issue_text":"Whether the founding affidavit is argumentative and fails to comply with Rule 257.","issue_type":"procedural","dispositive":"no","related_facts":"Content of founding affidavit"}
  • {"issue_text":"Whether constitutional relief can be combined with a review application under the High Court Act.","issue_type":"legal","dispositive":"yes","related_facts":"Invocation of ss 85(1) and 175(6) of Constitution"}
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background
Facts of the Case

Background

The applicants, property owners in Bannockburn, Mount Pleasant Heights, Harare, opposed the construction of a church on adjacent Stand 946 by the third respondent, Zimbabwe Assemblies of God Africa, which had been granted a permit by the City of Harare on 7 December 2021. They claimed they were not notified of the permit application and sought to review the decision, alleging procedural irregularities and constitutional violations. The respondents raised objections in limine, arguing the application was procedurally defective.
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