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Harare High Court
Memory Gahadzika v Everson Zhou and 6 Others
HH 369-17
Case Details
Court
Harare High Court
Date
14 June 2017
Citation
HH 369-17
Neutral Citation
[2017] ZWHH 369
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property lawInterdictsUrgent applications
Keywords
Triple saleStand 7895 Belvedere WestHousing developmentInterdictUrgency
Tags
Triple sale of propertyInterdictUrgent applicationHousing development
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"WhatsApp message seen on 24 May 2017, application filed on 26 May 2017"}
- {"issue_text":"Whether the applicant has locus standi to seek relief on behalf of all beneficiaries","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeking interdict affecting all members of 4th respondent"}
- {"issue_text":"Whether the matter is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous order obtained by first respondent in 2015"}
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background
Facts of the Case
Background
This case involves a triple sale of Stand No. 7895 Belvedere West, Harare by Saltana Enterprises to three different parties between 2002 and 2015. The applicant sought an interdict to prevent the first respondent and City of Harare from concluding a sale agreement pending determination of an appeal to the Supreme Court concerning ownership of the property.
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