Harare and District Hellenic Community v Cremion Claudiou Mapfumba and Zimbabwe Electricity and Transmission and Distribution Company and City of Harare

HH 109-2013

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Case Details

Court

Harare High Court

Date

27 March 2013

Citation

HH 109-2013

Neutral Citation

[2013] ZWHH 109

Outcome

unknown

Case Type

Application

Bench

Presiding

BERE J

Full Bench

BERE J

Areas of Law

Property lawReal rightsInterdicts

Keywords

BoreholeWater extractionProperty ownershipDeed of transferInterdict

Key Issues

{"issue_text":"Whether the first respondent's unauthorized extraction of water from the applicant's property constitutes unlawful interference with property rights","issue_type":"law","dispositive":"yes","related_facts":"Applicant's ownership; unauthorized borehole; continued extraction"}
{"issue_text":"Whether the court should grant an interdict restraining the first respondent from continuing the unauthorized activities","issue_type":"mixed","dispositive":"yes","related_facts":"Continued interference; refusal to cease; property rights"}

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background

Facts of the Case

Background

The applicant, owner of stand 18879 Harare Township, discovered in 2011 that the first respondent had drilled a borehole on its property and was extracting water without permission. Despite being informed of the ownership and requested to cease, the first respondent continued the unauthorized activities, claiming authorization from the City of Harare.

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