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Harare High Court

Penniwill (Pvt) Ltd v The Trustees for the Time Being of Gabriel and Angels Trust and 7 Others

HC 505-21

Case Details

Court
Harare High Court
Date
16 September 2021
Citation
HC 505-21
Neutral Citation
[2021] ZWHH 505
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
KWENDA J
Full Bench
KWENDA J
Areas of Law
Property LawInterdict Relief
Keywords
Interim interdictProperty rightsLand developmentConsolidation permitSubdivision
Tags
Property disputeInterdictLand developmentOwnership rights
legislation
Statutes Cited
  • Regional, Town and Country Planning Act
  • Regional, Town and Country Planning Act
  • Land Survey Act
  • Land Survey Act
  • Deeds Registries Act
  • Companies and Other Business Entities Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant is entitled to interim interdict restraining respondents from interfering with its property rights","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's ownership, respondents' occupation and denial of access"}
  • {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Events occurred 24 July 2021, application filed 15 July 2021"}
  • {"issue_text":"Whether dispute is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous cases HC 3587/21, HC 9332/17, HC 4173/19"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, owner of immovable property under Deed of Transfer 1998/75, sought an interim interdict against respondents who were occupying portions of its land, building structures, and denying access through locked gates. The dispute arose from a failed 1998 consolidation and subdivision project that was never implemented, with respondents claiming to have purchased stands from the 7th respondent.
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