Craig Joseph Guthrie and Kenneth Peter Moores and The Toremore Park Residents Association v City of Harare and Lagrandy Electrical Industries (Pvt) Limited

HH 353-21

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Case Details

Court

Harare High Court

Date

7 July 2021

Citation

HH 353-21

Neutral Citation

[2021] ZWHH 353

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Property LawAdministrative LawInterdict Relief

Keywords

InterdictProperty DevelopmentRecreational LandPublic InterestUrban PlanningPolice Investigation

Key Issues

{"issue_text":"Whether applicants have locus standi to bring these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are residents and members of residents association"}
{"issue_text":"Whether the matter is urgent warranting interim relief","issue_type":"procedural","dispositive":"no","related_facts":"Development works commenced during police investigations"}
{"issue_text":"Whether interim interdict should be granted pending final determination","issue_type":"mixed","dispositive":"yes","related_facts":"Development ongoing, police investigations underway"}

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background

Facts of the Case

Background

The applicants, residents of Harare and members of Toremore Park Residents Association, sought an interdict to stop development on Stand No. 37 Pomona Township (Toremore Park) which they claimed was donated for recreational purposes but was allegedly sold by City of Harare to Lagrandy Electrical Industries. The matter was urgent as development had commenced despite ongoing police investigations.

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