TINASHE MUTARISI v UNITED FAMILY INTERNATIONAL CHURCH and CHITUNGWIZA MUNICIPALITY

Key Issues

• {"issue_text":"Whether the matter is urgent and should be heard on an urgent basis.","issue_type":"procedural","dispositive":"no","related_facts":"The applicant noticed encroachment on 27 October 2012; the first respondent claimed to have been building for over two years but did not deny recent encroachment or undertake to stop developments."}
• {"issue_text":"Whether the applicant has established a clear or prima facie right to the properties sufficient to justify an interim interdict.","issue_type":"law","dispositive":"yes","related_facts":"The applicant has lease agreements with the second respondent; the second respondent admitted the agreements exist and have not been cancelled."}
• {"issue_text":"Whether there is a well-grounded apprehension of irreparable harm to the applicant if the interim relief is not granted.","issue_type":"law","dispositive":"yes","related_facts":"The first respondent indicated it will not stop its developments; the applicant intended to develop the properties but was told to hold in abeyance."}
• {"issue_text":"Whether the balance of convenience favours the granting of interim relief.","issue_type":"law","dispositive":"yes","related_facts":"The applicant would have no remedy if structures are erected; the respondents suffer no irreparable prejudice if the interdict is granted."}
• {"issue_text":"Whether the applicant has no other satisfactory remedy.","issue_type":"law","dispositive":"yes","related_facts":"The second respondent has no alternative land available; the first respondent intends to continue developments."}

Background