Olivia Tafadzwa Chinouya v Arosume Property Development (Pvt) Ltd and Minister of Local Government, Public Works & National Housing N.O.

HH 806/22

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Case Details

Court

Harare High Court

Date

10 November 2022

Citation

HH 806/22

Neutral Citation

[2022] ZWHH 806

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndlovu J

Full Bench

Ndlovu J

Areas of Law

Property lawContract lawAdministrative law

Keywords

Development feesTripartite agreementTitle deedGovernment commonageCarrick Creagh

Key Issues

{"issue_text":"Is the applicant bound to pay development fees under the tripartite agreement despite not being a signatory?","issue_type":"law","dispositive":"yes","related_facts":"Applicant purchased property subject to tripartite agreement; paid fees initially"}
{"issue_text":"Does the applicant qualify for exemption from development fees as a 20% Government commonage beneficiary?","issue_type":"fact","dispositive":"yes","related_facts":"Applicant is not public official; not on approved list"}

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background

Facts of the Case

Background

The applicant sought a declaratory order that she had no obligation to pay development fees to the first respondent, claiming she was not bound by a tripartite agreement between the respondents and Sally Mugabe Housing Co-operative. She had purchased Stand 288 Carrick Creagh in 2008, paid US$31,310, received title deeds in 2012, but later stopped paying monthly development fees of US$1,000 demanded by the developer.

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