MFEMA GARANEWAKO and 34 Others v CITY OF HARARE and 31 Others

HH 458-21

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Case Details

Court

Harare High Court

Date

8 September 2021

Citation

HH 458-21

Neutral Citation

[2021] ZWHH 458

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Civil ProcedureProperty Law

Keywords

rescissionconsent orderland allocationUrban Councils ActRule 449

Key Issues

{"issue_text":"Whether applicants have locus standi to rescind a consent order to which they were not parties","issue_type":"procedural","dispositive":"no","related_facts":"Applicants were not parties to HC 6908/13 but claim interest in the stands"}
{"issue_text":"Whether the consent order was erroneously granted in the absence of parties affected thereby","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants claim they were the rightful allottees; first respondent admits they were prejudiced"}
{"issue_text":"Whether applicants have proved their case on balance of probabilities","issue_type":"law","dispositive":"yes","related_facts":"Applicants' occupation and development of stands; first respondent's admission"}

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background

Facts of the Case

Background

The applicants sought rescission of a consent order granted on 11 September 2018 in HC 6908/13 between the City of Harare and its employees, which allocated stands to the respondents. The applicants, who claim to be the rightful allottees of the same stands, were not parties to that case and argue the order was erroneously granted in their absence.

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