Nenyasha Housing Cooperative v John Chikandiwa and Joseph Chigaramashizha and Madhovi Fungayi and Saunyama Henry and Sheiby Maponga and Emmanuel Makase

HH 82-18

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Case Details

Court

Harare High Court

Date

14 February 2018

Citation

HH 82-18

Neutral Citation

[2018] ZWHH 82

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawCo-operative lawInterdicts

Keywords

Housing cooperativeInterdictCo-operative Societies ActGlaudina projectMembers' meetings

Key Issues

{"issue_text":"Does this court have jurisdiction over disputes between cooperative and its members under s 115 of Co-operative Societies Act?","issue_type":"procedural","dispositive":"yes","related_facts":"Second and third respondents are members; first, fourth, fifth and sixth are not members"}
{"issue_text":"Should an interdict be granted against non-member respondents?","issue_type":"mixed","dispositive":"yes","related_facts":"Non-members interfering with operations; holding unsanctioned meetings; obstructing development"}

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Facts of the Case

Background

Nenyasha Housing Cooperative, owner of Glaudina project land, sought an interdict against six respondents for interfering with its operations. The respondents allegedly held unsanctioned meetings, presented themselves as representatives, and obstructed development work by contractor Shianxi Corporation.

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