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Harare High Court
Samson Magora & 30 Ors v Runde Rural District Council & 6 Ors
HH 779-22
Case Details
Court
Harare High Court
Date
2 November 2022
Citation
HH 779-22
Neutral Citation
[2022] ZWHH 779
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Property lawCivil procedure
Keywords
Land annexationRes judicataDefault judgmentPeri-urban settlement
Tags
Land disputeRes judicataDefault judgmentAnnexation
legislation
Statutes Cited
- High Court Rules 1971 (old)
- High Court Rules 1971 (old)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiffs' claim is res judicata by virtue of the dismissal of HC 1018/20","issue_type":"procedural","dispositive":"yes","related_facts":"HC 1018/20 dismissed, same parties and cause of action"}
- {"issue_text":"Whether a plaintiff whose claim has been dismissed in default must apply for rescission before instituting fresh proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs instituted fresh proceedings without rescinding default judgment"}
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background
Facts of the Case
Background
Plaintiffs, residents of Mudereri Village, challenged the annexation of their land by Minister of Local Government and its incorporation into Zvishavane Town Council jurisdiction. They alleged their land was sold to FBC Building Society without consultation, leading to threats of eviction and demolition of their homes.
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