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Harare High Court
Majory Madya and 25 Ors versus Harare South Union Cooperative Society Ltd and Tanganyika Housing Cooperative Society Ltd and Vadzidzi Housing Cooperative Society Ltd and Sheriff of Zimbabwe
HH 20-25
Case Details
Court
Harare High Court
Date
8 May 2025
Citation
HH 20-25
Neutral Citation
[2025] ZWHH 20
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property LawCivil ProcedureHousing Rights
Keywords
Urgent applicationStay of executionEvictionHousing cooperativeWrit of ejectmentJoinder application
Tags
Housing cooperativeEvictionStand allocationUrgent application
legislation
Statutes Cited
- No statutes were cited in the judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application satisfies the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' claim of only learning of eviction in May 2024 vs. evidence of December 2020 service"}
- {"issue_text":"Whether resjudicata applies from previous cooperative applications","issue_type":"procedural","dispositive":"no (not reached due to urgency finding)","related_facts":"Previous applications HCH 441/24, HCH 649/24, HCH 952/24 filed by cooperative"}
- {"issue_text":"Whether there is a pending joinder application","issue_type":"procedural","dispositive":"no (not reached due to urgency finding)","related_facts":"Applicants' description of application as \"pending joinder\""}
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background
Facts of the Case
Background
Twenty-six applicants, who are members of Vadzidzi Housing Cooperative Society Ltd, sought urgent relief to stay execution of a writ of ejectment. The applicants claimed to have been allocated stands 6540-6589 in Retreat Township Waterfalls, Harare by the third respondent cooperative. First and second respondents obtained a writ of ejectment against the third respondent under case HC 10103/14, affecting stands 6543-6598, which caught the applicants in the eviction process.
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