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Supreme Court
Leah Nachipo & Gerald Nachipo v Admire Matica, Trevor Mwaramba, Cleopas Manyika, Lewis Chasakara, Wonder Mushure & City of Harare N.O.
SC 72/2022
Case Details
Court
Supreme Court
Date
24 June 2022
Citation
SC 72/2022
Neutral Citation
[2022] ZWSC 72
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Full Bench
Guvava JABhunu JAMusakwa JA
Areas of Law
Administrative LawPlanning LawCivil Procedure
Keywords
condonationinterlocutory orderleave to appealAdministrative Court ActRegional Town and Country Planning Act
Tags
administrative lawplanning lawinterlocutory appealleave to appeal
legislation
Statutes Cited
- Administrative Court Act
- Regional, Town and Country Planning Act
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellants were obliged to seek leave to appeal in terms of section 20 of the Administrative Court Act before noting the present appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The order appealed against was an interlocutory order granting condonation"}
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background
Facts of the Case
Background
The appellants converted their residential property to a wedding venue, causing noise complaints from neighbours. The City of Harare granted them a permit despite a petition against noise pollution. The respondents sought to appeal late and obtained condonation from the Administrative Court. The appellants appealed this condonation order to the Supreme Court without seeking leave.
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