Enitta Mafusire v Melusi Chikowero and Bindura Municipality

HH 348-25

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Case Details

Court

Harare High Court

Date

10 June 2025

Citation

HH 348-25

Neutral Citation

[2025] ZWHH 348

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Property LawCivil Procedure

Keywords

DemolitionBuilding structureLand ownershipSuperannuationRescission of judgment

Key Issues

{"issue_text":"Whether the HC 1355/20 order has superannuated and can still be relied upon","issue_type":"procedural","dispositive":"no","related_facts":"Order granted 28 June 2022, application filed 25 September 2024"}
{"issue_text":"Whether an application for demolition can be brought when there is an extant order declaring ownership","issue_type":"law","dispositive":"yes","related_facts":"Applicant declared owner by court order, seeks demolition of structure on her property"}
{"issue_text":"Whether section 74 of the Constitution applies to an unfinished structure","issue_type":"constitutional","dispositive":"no","related_facts":"Structure is at window level, no evidence of residence"}

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background

Facts of the Case

Background

The applicant sought a demolition order against a structure erected by the first respondent on stand 6860 Chiwaridzo 3, Bindura. The application was based on a previous court order (HC 1355/20) that declared the applicant the rightful allottee and owner of rights and interests in the stand. The first respondent opposed the application, arguing that the previous order had superannuated and that he intended to apply for rescission of that order.

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