Phineas Mariyapera v Eddies Pfugari Properties (Pvt) Ltd and Chegutu Municipality

HH 203-13

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Case Details

Court

Harare High Court

Date

26 June 2013

Citation

HH 203-13

Neutral Citation

[2013] ZWHH 203

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Property LawCivil Procedure

Keywords

InterdictUrgencyNon-disclosureMunicipal propertyCertificate of urgency

Key Issues

{"issue_text":"Whether the application is truly urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant waited from 2006 until 2013 to assert rights; self-created urgency"}
{"issue_text":"Whether applicant disclosed all material facts","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to disclose being Deputy Mayor and investigation findings"}

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background

Facts of the Case

Background

The applicant sought an interdict to stop the first respondent from occupying and developing a piece of land (stand 1778 Chegutu Township) which he claimed to have purchased from the second respondent in 2003. The application was brought on urgency but the court found that the applicant had failed to disclose material facts including that he was Deputy Mayor when he purported to acquire the property and that investigations had concluded he had corruptly acquired it.

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