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Harare High Court
Noel Jackson and Jamie Jackson v Vonspring Investments (Private) Limited and Leengate (Private) Limited and City of Harare
HH 247-25
Case Details
Court
Harare High Court
Date
8 April 2025
Citation
HH 247-25
Neutral Citation
[2025] ZWHH 247
Outcome
unknown
Case Type
Application
Bench
Presiding
MAMBARA J
Full Bench
MAMBARA J
Areas of Law
Property lawAdministrative lawConstitutional law
Keywords
Locus standiExhaustion of domestic remediesSale of immovable propertyPlanning permitsConstitutional property rights
Tags
Property rightsAdministrative lawPlanning permits
legislation
Statutes Cited
- High Court Act [Chapter 7:06]
- Constitution of Zimbabwe
- Contractual Penalties Act [Chapter 8:04]
- Regional, Town and Country Planning Act [Chapter 29:12]
- Regional, Town and Country Planning Act [Chapter 29:12]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Do the applicants have locus standi to challenge the permits?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants paid but no written sale agreement; no title transfer"}
- {"issue_text":"Must applicants exhaust domestic remedies under s 44 of the Regional, Town and Country Planning Act before approaching the High Court?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants bypassed Administrative Court appeal process"}
- {"issue_text":"Is this application a disguised review proceeding?","issue_type":"procedural","dispositive":"yes","related_facts":"Relief sought is setting aside administrative decisions"}
- {"issue_text":"Was there a valid sale of immovable property?","issue_type":"mixed","dispositive":"yes","related_facts":"No written agreement signed; only \"offer and acceptance\""}
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background
Facts of the Case
Background
The applicants claimed rights to Stand 2957 based on an "offer and acceptance" and full payment, but no written sale agreement was signed. The first respondent later consolidated and re-subdivided the land (including Stand 2957) into a mall development with new permits from the City of Harare. The applicants sought to set aside these permits and restore the original 2019 permit.
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