Zimbabwe Homeless People Federation and Knowledge Tinashe Kwambana and Warship Dumba v The City of Harare and Augur Investments OU and The Minister of Local Government and Public Works and Kenneth Raydon Sharpe and Tatiana Aleshina and Michael van Blerk and Sunshine Development (PVT) LTD and Registrar of Deeds and Registrar of Companies

HH 480-22

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Case Details

Court

Harare High Court

Date

15 July 2022

Citation

HH 480-22

Neutral Citation

[2022] ZWHH 480

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Property LawAdministrative LawContract Law

Keywords

Memorandum of UnderstandingShareholders AgreementLand TransferNullityUnjust Enrichment

Key Issues

{"issue_text":"Whether the applicant's claim has prescribed under the Prescription Act.","issue_type":"procedural","dispositive":"yes","related_facts":"Date of agreements (2007), applicant's knowledge (2010), date of application (2021)"}
{"issue_text":"Whether the applicant has locus standi to bring the application.","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's status as a federation and its alleged interest in the land"}
{"issue_text":"Whether there are material disputes of fact that cannot be resolved on the papers.","issue_type":"procedural","dispositive":"yes","related_facts":"Allegations of fraud, corruption, and collusion vs. denials by respondents"}

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Facts of the Case

Background

The applicants sought to declare null and void a Memorandum of Understanding and Shareholders Agreement between the City of Harare and Augur Investments OU, and to set aside land transfers to Sunshine Development (PVT) LTD. The respondents raised preliminary points, including prescription, arguing the agreements were signed in 2007 and the applicant was aware of them since at least 2010, but the application was only filed in 2021.

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