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Harare High Court
NHAKA YEVANA HOUSING COOPERATIVE SOCIETY and 24 OTHERS v REYDALE RIDGE PARK (Pvt) Ltd and CEM CONSTRUCTION (PVT) LTD and HOUSING PEOPLE OF ZIMBABWE and ZIMBABWE DEFENCE FORCES
HH 87-2007
Case Details
Court
Harare High Court
Date
19 December 2007
Citation
HH 87-2007
Neutral Citation
[2007] ZWHH 87
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Contract lawProperty lawCivil procedure
Keywords
Housing cooperativeAgreement of saleBreach of contractContractor appointment
Tags
Housing cooperativeContract disputeProperty development
legislation
Statutes Cited
- Co-operative Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the deponents had authority to bring application on behalf of housing cooperatives","issue_type":"procedural","dispositive":"yes","related_facts":"Deponents were chairpersons without proven authority"}
- {"issue_text":"Whether applicants were properly joined in single application","issue_type":"procedural","dispositive":"yes","related_facts":"Each applicant had individual sale agreement"}
- {"issue_text":"Whether application procedure was appropriate given disputes of fact","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents denied breach and alleged applicants were in breach"}
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background
Facts of the Case
Background
Housing cooperatives entered into agreements of sale with a property company for land development. The cooperatives sought to nullify the appointment of a contractor and compel appointment of an independent contractor, alleging breach of contract when development stalled.
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