PRECIOUS CHIPUNZA versus MOSLEY MASHINGAIDZE and THE COMMISSIONER GENERAL OF ZIMBABWE REVENUE AUTHORITY and ZIMBABWE REVENUE AUTHORITY

HH 571-17

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Case Details

Court

Harare High Court

Date

30 August 2017

Citation

HH 571-17

Neutral Citation

[2017] ZWHH 571

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawTax LawConstitutional Law

Keywords

Tax clearanceProperty transferFraudulent transferAccess to informationRevenue Authority Act

Key Issues

{"issue_text":"Whether applicant is entitled to disclosure of tax information from ZIMRA under s 34A of Revenue Authority Act and s 62 of Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's claim of fraudulent property transfer and need for evidence"}
{"issue_text":"Whether the application was properly brought as a chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Application made under r 226 (1)(b) without proper justification"}
{"issue_text":"Whether evidentiary matters should be dealt with by trial court or through separate application","issue_type":"procedural","dispositive":"yes","related_facts":"Main case HC 11588/11 pending before another judge"}

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Facts of the Case

Background

Applicant Precious Chipunza brought a chamber application to compel disclosure of tax information from ZIMRA regarding a property transfer. She is defending an eviction action (HC 11588/11) where she claims her property was fraudulently transferred to Lalapanzi Properties Limited and subsequently to other companies. She needs tax clearance records to prove she did not transfer the property.

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