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Harare High Court

ZANOREMBA HOUSING COMPANY (PVT) LTD and CHIGUMBA PROPERTY HOLDINGS (PVT) LTD versus ZANOREMBA HOUSING CO-OPERATIVE SOCIETY LIMITED and KALISTO MASANGO and HASTANCIA MUSETWA and Taurai ZIKWENDE and ERIFA CHIVAVAYA and CLEMENCE CHITSANGA and TENDAI NYANGANDE and ELWIN TSONGORO and CHITUNGWIZA MUNUCIPALITY

HH 618-17

Case Details

Court
Harare High Court
Date
20 September 2017
Citation
HH 618-17
Neutral Citation
[2017] ZWHH 618
Outcome
unknown
Case Type
Trial

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawCivil Procedure
Keywords
Housing CooperativeLand AllocationFraudulent MisrepresentationFinal Interdict
Tags
Housing ProjectLand OwnershipInterdictDeclaratory Order
legislation
Statutes Cited
  • N/A
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the land at Unit L, Seke, Chitungwiza was allocated to the first defendant (the cooperative).","issue_type":"fact","dispositive":"yes","related_facts":"Allocation of land in 2004; registration of first defendant in 2013."}
  • {"issue_text":"Whether the first defendant was ever allocated any land.","issue_type":"fact","dispositive":"yes","related_facts":"Existence of first defendant in 2004 vs 2013."}
  • {"issue_text":"Whether the plaintiffs are entitled to the relief sought.","issue_type":"law","dispositive":"yes","related_facts":"Ownership of land; interference by defendants."}
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background
Facts of the Case

Background

The plaintiffs, ZANOREMBA HOUSING COMPANY (PVT) LTD and CHIGUMBA PROPERTY HOLDINGS (PVT) LTD, claimed ownership of a housing project in Unit L Extension, Seke, Chitungwiza, alleging the land was allocated to them in 2004. The defendants, including a cooperative formed in 2013, claimed the project was a cooperative and alleged fraudulent misrepresentation by the plaintiffs' director, Christopher Chikavanga Chigumba. The court found in favor of the plaintiffs, holding that the land was allocated to them and not to the cooperative.
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