Stoodblaze Enterprises Pvt (Ltd) v City of Harare and Director Housing & Community Services (City of Harare)

HH 85-23

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Case Details

Court

Harare High Court

Date

8 February 2023

Citation

HH 85-23

Neutral Citation

[2023] ZWHH 85

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property lawAdministrative lawLocal government law

Keywords

Stand allocationMunicipal landAgreement of salePublic open spaceUrban Councils ActTown planning

Key Issues

{"issue_text":"Whether an agreement of sale came into existence between the parties","issue_type":"mixed","dispositive":"no","related_facts":"Applicant accepted allocation and paid required amounts"}
{"issue_text":"Whether the allocation of Stand 210 Mt Pleasant was valid despite non-compliance with statutory procedures","issue_type":"law","dispositive":"yes","related_facts":"Non-compliance with Urban Councils Act and Regional Town and Country Planning Act provisions"}
{"issue_text":"Whether the court should compel transfer of the property","issue_type":"law","dispositive":"yes","related_facts":"Applicant paid all required amounts, respondents reneging on obligations"}

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background

Facts of the Case

Background

The applicant applied for housing development land and was conditionally allocated Stand 210 Mt Pleasant by the first respondent. After accepting the allocation and paying the required amounts, the first respondent reneged on its obligations. The respondents argued the transaction was void as proper procedures were not followed and the land was designated public open space.

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