Chaparrel Trading (Private) Limited v Zimbabwe Energy Regulatory Authority (ZERA)

HH 327-13

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Case Details

Court

Harare High Court

Date

30 September 2013

Citation

HH 327-13

Neutral Citation

[2013] ZWHH 327

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mavangira J

Full Bench

Mavangira J

Areas of Law

Administrative LawEnergy Law

Keywords

petroleum licenceregulatory authorityconstructive evictionself-help

Key Issues

{"issue_text":"Whether the matter is urgent and deserving of urgent attention by the court","issue_type":"procedural","dispositive":"yes","related_facts":"Three-month delay between licence refusal and urgent application"}
{"issue_text":"Whether ZERA acted unlawfully by resorting to self-help in sealing the pumps","issue_type":"legal","dispositive":"no","related_facts":"ZERA acted under s 55(9) of the Petroleum Act"}
{"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the property","issue_type":"factual","dispositive":"no","related_facts":"Existence of property dispute pending before courts"}

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Facts of the Case

Background

The applicant, Chaparrel Trading (Private) Limited, operated a service station at 35 Coventry Road, Harare without a petroleum licence. ZERA sealed off the applicant's pumps on 19 September 2013, claiming the applicant was operating without a licence. The applicant had applied for a licence in April 2013 but was advised on 21 June 2013 that ZERA intended to refuse the licence due to a dispute over the premises involving other parties. The applicant sought urgent relief claiming constructive eviction and that ZERA had resorted to self-help.

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