Takashinga Kare Housing Pay Scheme v City of Harare & 2 Ors

SC 88/25

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Case Details

Court

Supreme Court

Date

5 May 2025

Citation

SC 88/25

Neutral Citation

[2025] ZWSC 88

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

UCHENA JACHITAKUNYE JAMWAYERA JA

Areas of Law

Property LawAdministrative Law

Keywords

Land allocationState landUrban Councils ActSection 205NullityCosts

Key Issues

{"issue_text":"Whether the allocation of stands by first respondent to appellant was a nullity for lack of ministerial approval under s 205(3) of Urban Councils Act","issue_type":"law","dispositive":"yes","related_facts":"State ownership of land, allocation without approval"}
{"issue_text":"Whether award of punitive costs was justified","issue_type":"procedural","dispositive":"no","related_facts":"Costs awarded on legal practitioner and client scale without reasons"}

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Facts of the Case

Background

The appellant, an unincorporated association, was allocated 100 residential stands by the first respondent (City of Harare) in 2017 after initially occupying the land illegally and later regularizing through council resolution and payment of US$138,000. The third respondent later claimed the same land, having been allocated by the second respondent (Minister). The High Court held the allocation to appellant was a nullity as the first respondent lacked authority to allocate State land without ministerial approval under s 205 of the Urban Councils Act.

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