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Harare High Court
Nehanda Housing Co-operative v Alvord Nkomazana
HH 457-18
Case Details
Court
Harare High Court
Date
8 August 2018
Citation
HH 457-18
Neutral Citation
[2018] ZWHH 457
Outcome
unknown
Case Type
Special Plea
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Property LawCo-operative Societies LawCivil Procedure
Keywords
housing cooperativeevictionmembership expulsiondomestic remediesregistrar decision
Tags
housing cooperativeevictionmembership terminationco-operative societies
legislation
Statutes Cited
- Co-operative Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court has jurisdiction to hear the matter given the domestic remedies provision in s115 of the Co-operative Societies Act","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute was referred to Registrar; Registrar's representatives presided over meeting"}
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background
Facts of the Case
Background
The plaintiff housing co-operative expelled the defendant from membership for failure to pay subscriptions and other violations of by-laws. After expulsion, the plaintiff sought eviction of the defendant from his allocated stand. The defendant raised a special plea claiming the court lacked jurisdiction because domestic remedies under s115 of the Co-operative Societies Act had not been exhausted.
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