Patricia Gurira (Executor Dative Estate Late Charles Chaipachiyi Mukungurutse Gurira DR NO. 1997/21 N.O.) v Taurai Mukaki and Fortune Mine Syndicate and Minister of Primary and Secondary Education N.O. and Minister of Lands, Agriculture, Water and Rural Resettlement N.O. and Minister of Mines and Mineral Development N.O.

HH 504-22

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Case Details

Court

Harare High Court

Date

27 July 2022

Citation

HH 504-22

Neutral Citation

[2022] ZWHH 504

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawInterdict reliefLand use regulation

Keywords

InterdictProperty rightsMining permitsLand use changePrivate property

Key Issues

{"issue_text":"Whether the matter is urgent given that some construction has already occurred","issue_type":"procedural","dispositive":"no","related_facts":"Respondents built temporary structures and enrolled children"}
{"issue_text":"Whether applicant has established requirements for interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Private property ownership, irreparable harm from construction, no alternative remedy"}

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background

Facts of the Case

Background

The applicant, as executrix of her late husband's estate, sought an urgent interdict to stop the first and second respondents from building a school on her privately owned M.E.D. Farm in Shamva. The respondents, who had been mining on the farm under permits, had begun clearing land and constructing temporary structures for a primary school without authorization.

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