Chevhu Housing Co-operative Society Limited & 8 Ors v Crest Breeders International (Private) Limited & Anor

SC 19/21

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Case Details

Court

Supreme Court

Date

25 March 2021

Citation

SC 19/21

Neutral Citation

[2021] ZWSC 19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mathonsi JA

Full Bench

Bhunu JAMathonsi JAKudya AJA

Areas of Law

Administrative lawProperty lawCivil procedure

Keywords

Compulsory land acquisitionRescission of judgmentLocus standiCondonationHousing cooperatives

Key Issues

{"issue_text":"Whether condonation was required for late filing of rescission application under rule 449","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 4 years after becoming aware of judgment"}
{"issue_text":"Whether appellants had locus standi to seek rescission of consent order","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants were not parties to original proceedings"}

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background

Facts of the Case

Background

Nine housing cooperative societies sought rescission of a 2015 consent order confirming compulsory acquisition of Saturday Retreat Estate, claiming the land had been allocated to them by government after preliminary acquisition notice in 2001. The application was filed 4 years later without condonation.

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