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Harare High Court

Pungwe Chimurenga Housing Cooperative v Jetmaster Properties (Pvt) Ltd & Anor (HC 5566/11); Tendai Chitimbe & 3 Ors v Jetmaster Properties (Pvt) Ltd & Anor (HC 5584/11)

HH 199-12

Case Details

Court
Harare High Court
Date
13 July 2012
Citation
HH 199-12
Neutral Citation
[2012] ZWHH 199
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Property lawLand acquisitionEviction law
Keywords
Land reformHousing cooperativeEvictionState acquisitionOperation Murambatsvina
Tags
Land acquisitionEvictionHousing cooperativeState intervention
legislation
Statutes Cited
  • Land Acquisition Act
  • Cooperative Societies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether execution of 2005 eviction order should be stayed pending Administrative Court confirmation of State acquisition","issue_type":"procedural","dispositive":"yes","related_facts":"State issued section 8 notice; confirmation pending; 300 families face homelessness"}
  • {"issue_text":"Whether applicants have locus standi to resist eviction","issue_type":"law","dispositive":"no","related_facts":"Applicants claim occupation through State authority; not owners"}
  • {"issue_text":"Whether applicants are in contempt of court requiring dismissal","issue_type":"procedural","dispositive":"no","related_facts":"Previous eviction orders; continued occupation"}
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background
Facts of the Case

Background

A housing cooperative and individual settlers occupied Nyarungu Estate in Harare South since 2000, developing residential stands with government approval. After multiple court orders against them, including a 2005 eviction order, the State intervened by acquiring the property under the Land Acquisition Act, with confirmation pending before the Administrative Court.
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