WARREN HILLS GOLF CLUB v SUNSHINE DEVELOPMENT (PVT) LTD and CITY OF HARARE and THE REGISTRAR OF DEEDS NO

Key Issues

• {"issue_text":"Whether the applicant has established a clear right for the purposes of an interim interdict.","issue_type":"law","dispositive":"yes","related_facts":"The existence of a valid lease agreement for Stands 8112 and 8114."}
• {"issue_text":"Whether the matter is urgent.","issue_type":"procedural","dispositive":"no (point dismissed)","related_facts":"The 7-day delay between the start of construction and the filing of the application."}
• {"issue_text":"Whether the applicant has a cause of action.","issue_type":"procedural","dispositive":"no (point dismissed)","related_facts":"The alleged cancellation of the lease agreement by the City of Harare."}
• {"issue_text":"Whether the court is functus officio.","issue_type":"procedural","dispositive":"no (point dismissed)","related_facts":"The prior eviction order in HC 6212/20."}
• {"issue_text":"Whether the balance of convenience favours granting the interdict.","issue_type":"law","dispositive":"yes","related_facts":"The applicant's long-term occupation vs. the respondent's construction activities."}
• {"issue_text":"Whether the applicant has no other satisfactory remedy.","issue_type":"law","dispositive":"yes","related_facts":"The pending case HCH 7008/23."}

Background