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Harare High Court
Morgan Havire v Arosume Property Development
HH 124/21
Case Details
Court
Harare High Court
Date
19 March 2021
Citation
HH 124/21
Neutral Citation
[2021] ZWHH 124
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property LawInterdict Law
Keywords
Stand allocationEncroachmentSurvey disputeProperty development
Tags
Property disputeInterdictDeclaratory reliefEncroachment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has established a right to a 9175 square metre stand","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's allocation was for 4000 square metres; survey produced relates to Stand number 3"}
- {"issue_text":"Whether applicant is entitled to interdict against respondent","issue_type":"law","dispositive":"yes","related_facts":"Applicant must show lawful right; applicant acted unlawfully in construction"}
- {"issue_text":"Whether applicant is entitled to declaratory relief","issue_type":"law","dispositive":"yes","related_facts":"Applicant failed to prove prima facie right to stand as claimed"}
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background
Facts of the Case
Background
The applicant sought an interdict and declaratory relief concerning Stand number 254 Carrick Creagh, claiming it was 9175 square metres. He had been allocated the stand by Sally Mugabe Housing Co-operative in 2007 as a 4000 square metre stand. The respondent, a property developer, moved the beacon of the stand, claiming the applicant was encroaching. The court found the applicant had no rights to the 9175 square metre stand he claimed, as his allocation was for 4000 square metres only.
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