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Harare High Court
Philida Molly Chikerema v City of Harare
HH 47-23
Case Details
Court
Harare High Court
Date
25 January 2023
Citation
HH 47-23
Neutral Citation
[2023] ZWHH 47
Outcome
unknown
Case Type
Application
Bench
Presiding
Tagu J
Full Bench
Tagu J
Areas of Law
Property LawAdministrative LawPlanning Law
Keywords
subdivision permitgated communitypublic roadprivate roadconsultation rights
Tags
subdivision permitgated communityadministrative decisiondeclaratory order
legislation
Statutes Cited
- High Court Act
- High Court Act
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for declaratory order is bad at law because it should have been review proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Application seeks setting aside of administrative decision"}
- {"issue_text":"Whether respondent breached applicant's rights under section 40(10) of Regional, Town and Country Planning Act by amending permit without consent","issue_type":"mixed","dispositive":"yes","related_facts":"Permit holder not consulted before amendment; public road converted to private"}
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background
Facts of the Case
Background
The applicant, holder of subdivision permit SD/381 issued in 1999, challenged amendments made by respondent in 2015 that converted a public road to private road within a gated community without her consent as required by law.
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