Rufaro Marketing Employees Housing Cooperative Society v Molline Munjoma

HH 518-18

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Case Details

Court

Harare High Court

Date

13 September 2018

Citation

HH 518-18

Neutral Citation

[2018] ZWHH 518

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Manzunzu J

Full Bench

Muremba JManzunzu J

Areas of Law

Property lawCooperative societies law

Keywords

evictioncooperative societymembershipstand ownership

Key Issues

{"issue_text":"Whether the respondent was a member of the cooperative society","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent not employee; claimed acceptance by secretary"}
{"issue_text":"Whether section 115 of Co-operative Societies Act applied to the dispute","issue_type":"law","dispositive":"yes","related_facts":"Respondent's membership status"}
{"issue_text":"Whether the magistrate erred in analyzing the evidence","issue_type":"law","dispositive":"yes","related_facts":"Magistrate's focus on secretary's conduct"}

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background

Facts of the Case

Background

A housing cooperative sought eviction of a woman from a residential stand, claiming she was not a member. The woman claimed she had been accepted as a member by the cooperative's secretary and had been paying subscriptions. The magistrate dismissed the eviction claim, finding the dispute should be resolved under cooperative society dispute resolution procedures.

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