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Harare High Court
Masline Bere v Denias Kagande and Harare City Council and Directors of Works for City Planning and Development and Environmental Agency
HH 569-23
Case Details
Court
Harare High Court
Date
19 October 2023
Citation
HH 569-23
Neutral Citation
[2023] ZWHH 569
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Property lawAdministrative lawLocal government law
Keywords
Prohibitory interdictIndustrial structureResidential areaBuilding permitNuisance
Tags
InterdictBuilding permitResidential zoningNuisance
legislation
Statutes Cited
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent and deserving of urgent relief","issue_type":"procedural","dispositive":"no","related_facts":"Timeous bringing of application, ongoing construction"}
- {"issue_text":"Whether first respondent's construction without permit should be interdicted","issue_type":"mixed","dispositive":"yes","related_facts":"Construction without permit, residential area, industrial structure"}
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background
Facts of the Case
Background
The applicant, a resident of No. 4 Glenara Avenue, Eastlea, sought an interdict against her neighbour (first respondent) who was constructing an industrial structure in a residential area without a permit. Despite complaints to Harare City Council and an order to stop construction, the first respondent resumed building works.
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