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Harare High Court
Rudo Housing Co-operative v City of Harare
HH 644-17
Case Details
Court
Harare High Court
Date
27 September 2017
Citation
HH 644-17
Neutral Citation
[2017] ZWHH 644
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Bere J
Full Bench
Bere J
Areas of Law
Property LawConstitutional LawAdministrative Law
Keywords
arbitrary evictionsection 74 ConstitutionUrban Councils Actdemolition noticehousing rights
Tags
evictiondemolitionconstitutional rightsurban planningco-operative housing
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Co-operative Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 18(2) of SI 109/1979 permits arbitrary eviction without court order in violation of section 74 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"48-hour notice procedure, threat of summary eviction"}
- {"issue_text":"Whether respondent's long-standing acquiescence constitutes consent to construction","issue_type":"mixed","dispositive":"no","related_facts":"Operation since 2013, site plan provision"}
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background
Facts of the Case
Background
Rudo Housing Co-operative allocated land to its 177 members who built residential structures in Budiriro, Harare. The City of Harare served 48-hour eviction notices threatening demolition. The co-operative obtained an urgent interim order prohibiting eviction/demolition, arguing constitutional protection against arbitrary eviction.
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