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Harare High Court
Plaxedes Masiya v Wellington Mangwanya & 3 Ors
HH 134-23
Case Details
Court
Harare High Court
Date
20 February 2023
Citation
HH 134-23
Neutral Citation
[2023] ZWHH 134
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Muchawa J
Full Bench
Muchawa JWamambo J
Areas of Law
Property LawHousing LawAdministrative Law
Keywords
evictionland allocationhousing cooperativeapex boardlease agreementdouble allocationlocus standirei vindicatio
Tags
evictionland allocationcooperative housinglease agreementdouble allocation
legislation
Statutes Cited
- Cooperatives Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the allocation of stand 7006 to the first appellant by Zvido Zvevana Housing Cooperative was proper","issue_type":"mixed","dispositive":"no","related_facts":"First appellant's allocation on 8 August 2012 based on Apex Board allocation"}
- {"issue_text":"Whether the first appellant had rights and interests in the stand flowing from the allocation and partnership agreement","issue_type":"law","dispositive":"yes","related_facts":"Partnership Agreement between Apex Board and Ministry, first appellant's occupation since 2012"}
- {"issue_text":"Whether the first respondent had locus standi to evict the appellants","issue_type":"law","dispositive":"yes","related_facts":"First respondent never given vacant possession, held only lease agreement"}
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background
Facts of the Case
Background
The appellants appealed against a magistrate court decision that ordered their eviction from stand 7006 Retreat, Waterfalls, Harare. The first appellant claimed allocation by Zvido Zvevana Housing Cooperative based on an Apex Board allocation, while the first respondent claimed rights through a lease agreement from the Ministry of Local Government.
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