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Harare High Court

Simon Mazorodze Housing Co-operative v Lisa Tagara

HH 172-22

Case Details

Court
Harare High Court
Date
17 March 2022
Citation
HH 172-22
Neutral Citation
[2022] ZWHH 172
Outcome
unknown
Case Type
Special Plea

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Property LawCooperative Societies LawCivil Procedure
Keywords
evictioncooperativemembership requirementsprescriptiondispute resolution
Tags
housing cooperativeevictioncooperative membershipprescription
legislation
Statutes Cited
  • Co-operative Societies Act
  • Co-operative Societies Act
  • Prescription Act
  • Prescription Act
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff established a cause of action for eviction","issue_type":"procedural","dispositive":"no","related_facts":"Defendant's occupation without registration documents"}
  • {"issue_text":"Whether plaintiff's claim has prescribed under Prescription Act","issue_type":"procedural","dispositive":"no","related_facts":"Defendant occupied stand since 2012, plaintiff claims awareness in 2021"}
  • {"issue_text":"Whether plaintiff exhausted domestic remedies under Cooperative Societies Act","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute pending before Registrar per letter dated 23 July 2021"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Plaintiff housing cooperative sought eviction of defendant from stand No. 16586, claiming defendant occupied the property without approval or meeting membership requirements. Defendant had occupied the stand since 2012 and built a house. An audit in 2021 revealed defendant was not a registered member.
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