Nehanda Housing Co-operative Society Limited v Harare City Council

HH 748-22

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Case Details

Court

Harare High Court

Date

19 October 2022

Citation

HH 748-22

Neutral Citation

[2022] ZWHH 748

Outcome

unknown

Case Type

Trial

Bench

Presiding

Bachi-Mzawazi J

Full Bench

Bachi-Mzawazi J

Areas of Law

Property LawAdministrative LawLocal Government Law

Keywords

Rates Clearance CertificateCertificate of ComplianceUrban Councils ActProperty TransferLocal Authority

Key Issues

{"issue_text":"Whether the plaintiff complied with provisions of s 282(2)(b) of the Urban Councils Act [Chapter 29:15]","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff paid all outstanding rates; Defendant demanded certificate of compliance"}
{"issue_text":"Whether the defendant's refusal to issue rates clearance certificate is lawful","issue_type":"law","dispositive":"yes","related_facts":"Defendant withheld certificate demanding compliance certificate; No law supports this requirement"}
{"issue_text":"Whether defendant should be compelled to issue rates clearance certificate","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff entitled to certificate upon payment of rates; Defendant has no lawful basis to refuse"}

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Facts of the Case

Background

The plaintiff, a housing co-operative, sought a rates clearance certificate from the defendant (Harare City Council) for three properties after paying all outstanding rates. The defendant refused to issue the certificate, demanding a certificate of compliance as a prerequisite. The court had to determine whether the defendant's refusal was lawful under s 282(2)(b) of the Urban Councils Act.

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