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Harare High Court
Mildred Makumbe v Rugare Makenga
HH 560-23
Case Details
Court
Harare High Court
Date
17 October 2023
Citation
HH 560-23
Neutral Citation
[2023] ZWHH 560
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Tsanga J
Full Bench
Tsanga JMusithu J
Areas of Law
Property LawHousing Cooperatives
Keywords
evictionhousing cooperativeland reformcooperative societies
Tags
evictioncooperative housingland allocationownership dispute
legislation
Statutes Cited
- Cooperative Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court had jurisdiction or should refer the matter to Registrar of Cooperatives under s 115","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant not member when allocated; dispute between member and non-member"}
- {"issue_text":"Whether the dispute was between registered cooperatives requiring referral","issue_type":"law","dispositive":"yes","related_facts":"Sungamberi allocated to respondent; Nehanda allegedly allocated to appellant"}
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background
Facts of the Case
Background
The respondent sought eviction of the appellant from Stand 3709 Gillingham Estate, Dzivarasekwa, claiming allocation rights from Sungamberi Housing Cooperative. The appellant claimed occupation since 2000 under land reform and allocation by Nehanda Housing Cooperative, arguing the dispute should be referred to the Registrar of Cooperatives under s 115 of the Cooperative Societies Act.
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