Simon Muzenda Housing Cooperative Society v George Tayengwa and Minister of Local Government Public Works and National Housing

HH 288-21

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Case Details

Court

Harare High Court

Date

10 June 2021

Citation

HH 288-21

Neutral Citation

[2021] ZWHH 288

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property LawCooperative Societies Law

Keywords

cooperative societyexpulsioninterdictdomestic remedies

Key Issues

{"issue_text":"Whether the applicant exhausted domestic remedies under section 115 of the Co-operative Societies Act before approaching the court","issue_type":"procedural","dispositive":"no","related_facts":"The cooperative society sought an interdict against a former member"}
{"issue_text":"Whether the applicant established a clear right to obtain an interdict against the respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged expulsion of respondent, alleged interference by respondent"}

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background

Facts of the Case

Background

The applicant, a registered housing cooperative, sought an interdict against the first respondent who was allegedly expelled from the cooperative. The applicant claimed the respondent was interfering with its operations and masquerading as a member after his expulsion. The respondent opposed the application, raising a preliminary point that domestic remedies under the Co-operative Societies Act had not been exhausted.

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