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Harare High Court
Misheck Chipembe and 38 Others v Ushewokunze Housing Cooperative Society Limited and 2 Others
HH 447-25
Case Details
Court
Harare High Court
Date
29 July 2025
Citation
HH 447-25
Neutral Citation
[2025] ZWHH 447
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Dube JP
Full Bench
Dube JPWamambo J
Areas of Law
Property lawCivil procedureCooperative law
Keywords
Land allocationEvictionRescissionDefault judgmentHousing cooperativeGovernment land
Tags
Land disputeHousing cooperativeEvictionRescission of judgment
legislation
Statutes Cited
- High Court Act
- High Court Act
- High Court Act
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is res judicata based on previous judgment in HC3273/20","issue_type":"procedural","dispositive":"yes","related_facts":"Previous judgment between different parties over same land"}
- {"issue_text":"Whether the court a quo erred in failing to determine the preliminary point on dirty hands","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants constructed without approval, violated Urban Councils Act"}
- {"issue_text":"Whether the appellants have a bona fide defence to the merits of the matter","issue_type":"mixed","dispositive":"no","related_facts":"Appellants claim land allocated through Chevhu Housing Cooperative"}
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background
Facts of the Case
Background
The dispute concerns control over Saturday Retreat Farm allocated by the Government of Zimbabwe to housing cooperatives. The appellants, members of Chevhu Housing Cooperative, occupied portions of the land. The respondents obtained a default judgment for eviction against them and their leader Noah Chirara. The appellants sought rescission of this judgment.
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