N.H. Franco and Company v City of Harare

HH 71-2005

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Case Details

Court

Harare High Court

Date

14 September 2005

Citation

HH 71-2005

Neutral Citation

[2005] ZWHH 71

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

Administrative LawLocal Government LawProperty Law

Keywords

unlawful evictionpublic health actstatutory tenantlocus standiRobin House

Key Issues

{"issue_text":"Whether the closure of Robin House without following Public Health Act procedures was lawful","issue_type":"law","dispositive":"yes","related_facts":"Building closed without warrant or eviction order; no notice served under Public Health Act"}
{"issue_text":"Whether Mr Fitzpatrick had locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Mr Fitzpatrick is employee of applicant firm, not owner or tenant in personal capacity"}

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background

Facts of the Case

Background

The applicant, a firm of legal practitioners and statutory tenant of Robin House for over 48 years, sought an interim order compelling the respondent (City of Harare) to reopen Robin House which was closed on 22 June 2005 by police officers acting with respondent's employee, without any written warrant or eviction order. The closure was done without following procedures under the Public Health Act.

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