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Harare High Court
Pangoula Farms (Pvt) Ltd v City of Harare
HH 749-17
Case Details
Court
Harare High Court
Date
8 November 2017
Citation
HH 749-17
Neutral Citation
[2017] ZWHH 749
Outcome
unknown
Case Type
Application
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Local government lawAdministrative lawStatutory interpretation
Keywords
Rates exemptionAgricultural landUrban Councils ActStatutory Instrument 199 of 1985Waiver of rates
Tags
Rates and taxesAgricultural exemptionUrban councilsStatutory interpretation
legislation
Statutes Cited
- Urban Councils Act
- Urban Councils Act
- Urban Councils Act
- Farmers Licencing and Levy Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is exempt from payment of rates on agricultural land under s 8 of Statutory Instrument 199 of 1985","issue_type":"law","dispositive":"yes","related_facts":"Farm is 120 hectares, used for agricultural purposes, valid farmer's licences produced"}
- {"issue_text":"Whether s 8(2) waiver applies only to improvements or extends to land itself","issue_type":"law","dispositive":"yes","related_facts":"Statutory interpretation of \"improvements\" and \"land\" provisions"}
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background
Facts of the Case
Background
Pangoula Farms (Pvt) Ltd, owner of a 120-hectare farm incorporated into Harare's jurisdiction, sought declaratory orders exempting it from rates payments. The City of Harare had demanded $171,299.91 in rates arrears, claiming only improvements used for agricultural purposes were exempt under s 8(2) of Statutory Instrument 199 of 1985, while the farm argued both land and improvements were exempt.
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