Rebecca Masawi v Ushewokunze Cooperative Society (Pvt) Ltd and Crest Breeders International (Pvt) Ltd

HH 88-22

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Case Details

Court

Harare High Court

Date

17 February 2025

Citation

HH 88-22

Neutral Citation

[2022] ZWHH 88

Outcome

unknown

Case Type

Application

Bench

Presiding

MUSITHU J

Full Bench

MUSITHU J

Areas of Law

Property lawCivil procedure

Keywords

DeclaraturLocus standiHousing cooperativeLand allocationStand ownership

Key Issues

{"issue_text":"Does the applicant have locus standi to bring proceedings against the second respondent?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims rights from first respondent; no direct nexus with second respondent"}
{"issue_text":"Is there merit in the preliminary objection regarding lis pendens?","issue_type":"procedural","dispositive":"no","related_facts":"Reference to pending matter HC 7807/19"}

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background

Facts of the Case

Background

The applicant sought a declaratur that stand number 145 on the Remaining Extent of Saturday Retreat Farm belongs to her. She claimed to be a member of the first respondent housing cooperative which had allocated her the stand. The second respondent disputed her claim, arguing that the land was never properly acquired by government and that the first respondent had no authority to allocate stands.

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