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Harare High Court

Primedia Events and Entertainment Proprietor Limited v Mopani Property Development

HH 176-18

Case Details

Court
Harare High Court
Date
28 March 2018
Citation
HH 176-18
Neutral Citation
[2018] ZWHH 176
Outcome
unknown
Case Type
Application

Bench

Presiding
Phiri J
Full Bench
Phiri J
Areas of Law
Interdict applicationsContract lawMunicipal law
Keywords
Solar streetlightsAdvertising rightsCity of HarareInterim order confirmation
Tags
InterdictContractual rightsMunicipal agreement
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether interim order should be confirmed given material disputes of fact","issue_type":"procedural","dispositive":"yes","related_facts":"Competing contracts with City of Harare, factual disputes about nature of installations"}
  • {"issue_text":"Whether City of Harare should be joined as necessary party","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties derive rights from City of Harare contracts"}
  • {"issue_text":"Whether applicant has established clear right for final interdict","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's contractual rights, respondent's competing activities"}
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background
Facts of the Case

Background

Applicant, an outdoor advertising company with rights to install solar streetlights under agreement with City of Harare, sought confirmation of an interim order restraining respondent from installing streetlights on disputed section of Borrowdale Road. Respondent claimed it was acting under its own contract with City of Harare for grid-powered lighting.
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