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Harare High Court

Luke Danzvura and Farai Muchena and Percy Takavarasa and Stellah Mushiripiti and Nyaradzo Mgodi and Patience Manene and Getrude Daka and Walter Mudzingwa and Andrew Daka and Sarudzai Danzvura v City of Harare and Zimbabwe Assemblies of God

HH 860-22

Case Details

Court
Harare High Court
Date
23 November 2022
Citation
HH 860-22
Neutral Citation
[2022] ZWHH 860
Outcome
unknown
Case Type
Application

Bench

Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Administrative lawTown and country planningProcedural law
Keywords
CondonationReview applicationChange of use permitRegional Town and Country Planning ActNotice requirements
Tags
Town planningBuilding permitChange of useProcedural compliance
legislation
Statutes Cited
  • Regional Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether condonation should be granted for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of 15 months 19 days from previous condonation order"}
  • {"issue_text":"Whether the applicants have reasonable prospects of success in the proposed review application","issue_type":"mixed","dispositive":"no","related_facts":"Alleged failure to publish notice in Government Gazette, alleged failure to serve written notification"}
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background
Facts of the Case

Background

The applicants, who are neighbours of the second respondent in Bannockburn, Mount Pleasant, Harare, seek to challenge the issuance of a permit to the second respondent to construct a church on Stand 946. They contend that the permit process was legally flawed as they were not properly notified and the required procedures were not followed.
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