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Harare High Court
City of Harare v Forrester Holdings (Pvt) Ltd
HH 165-18
Case Details
Court
Harare High Court
Date
28 March 2018
Citation
HH 165-18
Neutral Citation
[2018] ZWHH 165
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Local Government LawCivil Procedure
Keywords
rateswritten demandUrban Councils Actspecial plea
Tags
rates recoverystatutory complianceurban councils
legislation
Statutes Cited
- Urban Councils Act
- Urban Councils Act
- Urban Councils Act
- State Liabilities Act
- Customs and Excise Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s279(2) of Urban Councils Act requires mandatory written demand before instituting legal proceedings against property owner","issue_type":"law","dispositive":"yes","related_facts":"Last written demand served 6 September 2016 for different amount"}
- {"issue_text":"Whether \"may\" in s279(2) should be interpreted as \"shall\" to create peremptory obligation","issue_type":"law","dispositive":"yes","related_facts":"Statutory interpretation of discretionary language"}
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background
Facts of the Case
Background
The City of Harare sued Forrester Holdings for unpaid rates totaling $59,600.71. The defendant raised a special plea arguing the action was improperly instituted without a written demand as required by s279 and s281 of the Urban Councils Act. The last written demand was made on 6 September 2016 for $36,717.97.
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