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Harare High Court

Fungai Khumalo and Special Widows Group v City of Harare and Officer Commanding Harare Province N.O.

HH 22-23

Case Details

Court
Harare High Court
Date
18 January 2023
Citation
HH 22-23
Neutral Citation
[2023] ZWHH 22
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
KWENDA J
Full Bench
KWENDA J
Areas of Law
Property LawAdministrative Law
Keywords
spoliationpossessionparking baysmarket tradersevictionconstitutional rights
Tags
spoliation orderparking baysflea marketadministrative justice
legislation
Statutes Cited
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants had established peaceful and undisturbed possession necessary for spoliation order","issue_type":"law","dispositive":"yes","related_facts":"Applicants traded by permission only, council maintained control, no exclusive possession"}
  • {"issue_text":"Whether s 74 constitutional protection against eviction without court order applies to parking bays","issue_type":"constitutional","dispositive":"no","related_facts":"Parking bays are not a home, arrangement was commercial"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Elderly widows operating a weekend flea market in Park Street parking bays with council permission sought a spoliation order after being barred by police. They claimed violation of a previous consent order protecting their trading rights.
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