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Harare High Court

Nyasha Eunice Chikwinya and Apostolic Flame Ministries and Abmet Housing Co-operative versus Justine Zvandasara and Harare North Housing Co-operatives Union and Local Government Rural and Urban Planning and Ruzawe Danda and Jimson Zulu and Goodwell Chiworeso

HH 3-2012

Case Details

Court
Harare High Court
Date
18 January 2012
Citation
HH 3-2012
Neutral Citation
[2012] ZWHH 3
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Property LawInterdicts
Keywords
land allocationstate landunlawful occupationinterdicteviction
Tags
land disputeland invasioninterdicteviction
legislation
Statutes Cited
  • Regional, Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the respondents have locus standi to challenge the allocation of land by its lawful owner","issue_type":"procedural","dispositive":"yes","related_facts":"Ministry confirmed legal allocation to applicant, no allocation to respondents"}
  • {"issue_text":"Whether an interdict and eviction order should be granted through urgent application","issue_type":"procedural","dispositive":"yes","related_facts":"Matter found urgent, respondents no arguable case"}
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background
Facts of the Case

Background

The first applicant was lawfully allocated 84,027 hectares of State land at Pilgrims Rest Farm by the Ministry of Local Government. The first respondent and his co-operative invaded the land on 6 August 2011, allocating stands to members without lawful authority, prompting an urgent application for interdict and eviction.
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