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Harare High Court
Paul Connolly v Tusker Investments (Pvt) Ltd & Ors
HH 374-21
Case Details
Court
Harare High Court
Date
15 July 2021
Citation
HH 374-21
Neutral Citation
[2021] ZWHH 374
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Environmental lawAdministrative lawConstitutional law
Keywords
Siansimba campsiteZambezi ValleyEnvironmental protectionPublic consultationInterim interdict
Tags
Environmental lawPublic interest litigationInterdictNational parksCampsite development
legislation
Statutes Cited
- Parks and Wildlife Act
- Environmental Management Act
- Administrative Justice Act
- Regional, Town and Country Planning Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent application was res judicata given the court's previous refusal to hear the main application on urgent basis","issue_type":"procedural","dispositive":"no","related_facts":"Main application refused urgent hearing in 2020; construction commenced thereafter"}
- {"issue_text":"Whether the applicant had locus standi under section 85 of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant acting as conservationist and lawyer; public interest concerns"}
- {"issue_text":"Whether interim interdict should be granted to halt construction pending main application","issue_type":"mixed","dispositive":"yes","related_facts":"Active construction at campsite; environmental concerns; pending main application"}
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background
Facts of the Case
Background
The applicant, a lawyer and conservationist from Victoria Falls, sought an urgent interim interdict to stop construction at Siansimba campsite in Zambezi Valley. The campsite, owned by Parks & Wildlife Management Authority (second respondent), had been leased to Tusker Investments (first respondent) who commenced construction despite earlier assurances that no lease had been concluded and no construction would begin.
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