City of Harare v Saul Kenneth Manyasha

SC 111/23

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Case Details

Court

Supreme Court

Date

27 October 2023

Citation

SC 111/23

Neutral Citation

[2023] ZWSC 111

Outcome

unknown

Case Type

Application

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JAChitakunye JAMwayera JA

Areas of Law

Property LawAdministrative LawMunicipal Law

Keywords

institutional propertyUrban Councils Actsection 152(2)section 209(1)further evidence on appealstatutory compliance

Tags

municipal propertylease agreementsale of council propertystatutory compliance

legislation

Statutes Cited

Human Rights Act 1998
European Convention on Human Rights
Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Tribunals, Courts and Enforcement Act 2007
Constitutional Reform Act 2005
Senior Courts Act 1981
Supreme Court Act 1981
Access to Justice Act 1999
Courts and Legal Services Act 1990
Legal Services Act 2007
Data Protection Act 1998
Freedom of Information Act 2000
Equality Act 2010
Race Relations Act 1976
Sex Discrimination Act 1975
Disability Discrimination Act 1995
Employment Rights Act 1996
Employment Tribunals Act 1996
Social Security Contributions and Benefits Act 1992
Social Security Administration Act 1992
Child Support Act 1991
Child Support, Pensions and Social Security Act 2000
Welfare Reform Act 2007
Welfare Reform Act 2012
Universal Credit Act 2013
Tax Credits Act 2002
Income Tax Act 2007
Income Tax (Earnings and Pensions) Act 2003
Value Added Tax Act 1994
Finance Act 1998
Finance Act 2000
Finance Act 2002
Finance Act 2003
Finance Act 2004
Finance Act 2005
Finance Act 2006
Finance Act 2007
Finance Act 2008
Finance Act 2009
Finance Act 2010
Finance Act 2011
Finance Act 2012
Finance Act 2013
Finance Act 2014
Finance Act 2015
Finance Act 2016
Finance Act 2017
Finance Act 2018
Finance Act 2019
Finance Act 2020
Coronavirus Act 2020
Public Health (Control of Disease) Act 1984
Health and Social Care Act 2008
Health and Social Care Act 2012
Health Act 2006
National Health Service Act 2006
National Health Service (Consequential Provisions) Act 2006
Health and Social Care (Community Health and Standards) Act 2003
National Health Service Reform and Health Care Professions Act 2002
Health Authorities Act 1995
National Health Service Act 1977
National Health Service Act 1946
Public Health Act 1936
Public Health Act 1875
Education Act 1944
Education Act 1996
Education Act 2002
Education and Inspections Act 2006
Education and Skills Act 2008
Apprenticeships, Skills, Children and Learning Act 2009
Education Act 2011
Children and Families Act 2014
Higher Education and Research Act 2017
Further and Higher Education Act 1992
School Standards and Framework Act 1998
Learning and Skills Act 2000
Teaching and Higher Education Act 1998
Student Loans Act 1990
Education (Student Loans) Act 1990
Education (Student Support) Act 2000
Higher Education Act 2004
Housing Act 1985
Housing Act 1988
Housing Act 1996
Housing Act 2004
Housing and Planning Act 1986
Housing and Planning Act 2016
Homelessness Act 2002
Local Government Act 1972
Local Government Act 1985
Local Government Act 1988
Local Government Act 1999
Local Government Act 2000
Local Government Act 2003
Local Government and Public Involvement in Health Act 2007
Localism Act 2011
Local Government Finance Act 1988
Local Government Finance Act 1992
Local Government Finance Act 2012
Planning and Compulsory Purchase Act 2004
Planning Act 2008
Town and Country Planning Act 1990
Town and Country Planning Act 1947
Land Compensation Act 1961
Land Compensation Act 1973
Acquisition of Land Act 1981
Compulsory Purchase Act 1965
Highways Act 1980
Road Traffic Regulation Act 1984
Road Traffic Act 1988
Road Traffic Act 1991
Road Traffic (New Drivers) Act 1995
Road Safety Act 2006
Traffic Management Act 2004
New Roads and Street Works Act 1991
Railways Act 1993
Railways Act 2005
Transport Act 1985
Transport Act 2000
Transport Act 1968
Transport Act 1947
British Transport Commission Act 1949
London Regional Transport Act 1984
Greater London Authority Act 1999
Greater London Authority Act 2007
Environment Act 1995
Environmental Protection Act 1990
Clean Air Act 1956
Clean Air Act 1968
Control of Pollution Act 1974
Water Act 1989
Water Industry Act 1991
Water Resources Act 1991
Land Drainage Act 1991
Wildlife and Countryside Act 1981
Countryside and Rights of Way Act 2000
National Parks and Access to the Countryside Act 1949
National Parks (Scotland) Act 2000
Marine and Coastal Access Act 2009
Marine (Scotland) Act 2010
Coastal Protection Act 1949
Flood and Water Management Act 2010
Climate Change Act 2008
Energy Act 2008
Energy Act 2010
Energy Act 2011
Energy Act 2013
Electricity Act 1989
Gas Act 1986
Gas Act 1995
Utilities Act 2000
Sustainable Energy Act 2003
Sustainable Communities Act 2007
Waste and Emissions Trading Act 2003
Pollution Prevention and Control Act 1999
Environmental Permitting (England and Wales) Regulations 2016
Agricultural Holdings Act 1986
Agricultural Holdings Act 1948
Agriculture Act 1947
Agriculture Act 1958
Agriculture Act 1967
Agriculture Act 1970
Agriculture Act 1986
Agriculture Act 1993
Agricultural Tenancies Act 1995
Common Agricultural Policy (CAP) Regulations
Food Safety Act 1990
Food Standards Act 1999
Consumer Protection Act

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether the applicant should be granted leave to lead further evidence on appeal regarding non-compliance with statutory provisions for sale of municipal property","issue_type":"procedural","dispositive":"yes","related_facts":"Property is institutional; no evidence of compliance with s 152(2) and 209(1)"}
{"issue_text":"Whether non-compliance with mandatory statutory provisions renders the purported sale null and void","issue_type":"law","dispositive":"no (remitted to lower court)","related_facts":"Sections 152(2) and 209(1) require public notice and council authorization"}

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background

Facts of the Case

Background

The City of Harare sought to evict Saul Manyasha from a leased property, claiming the lease had been cancelled. Manyasha counter-claimed that there was a valid sale agreement. The High Court found in favor of Manyasha and ordered transfer. On appeal, the City sought to lead further evidence that the purported sale was invalid as it did not comply with mandatory statutory provisions under the Urban Councils Act.

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