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Harare High Court
SUSCADEN INVESTMENTS (PRIVATE) LIMITED versus PARKS AND WILDLIFE MANAGEMENT AUTHORITY and THE MINISTER OF ENVIRONMENT, WATER AND NATURAL RESOURCES
HH 715-22
Case Details
Court
Harare High Court
Date
11 October 2022
Citation
HH 715-22
Neutral Citation
[2022] ZWHH 715
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Contract LawAdministrative LawProperty Law
Keywords
Lease AgreementInterdictPermit RequirementsParks and Wildlife ActBusiness Interference
Tags
Lease AgreementInterdictPermit RequirementsBusiness Operations
legislation
Statutes Cited
- {'**statute_name**': 'Parks and Wildlife Act', '**chapter**': '[Chapter 20:14]', '**section**': 'Permit requirements (unspecified section)', '**treatment**': 'Interpreted', '**for_proposition**': 'To determine whether permit requirements were mandatory and how they should be implemented under the lease agreement', '**interpretation**': 'The court interpreted "subject to the Parks and Wildlife Act" to mean permits must be issued through historical administrative practice (at park entry points, not via pre-applications).', '**verbatim**': '"subject to the provisions of the Parks and Wildlife Act and subsidiary Regulations" (as referenced in Mangota J’s consent order and the current judgment).'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was entitled to interim relief preventing interference with its business operations","issue_type":"law","dispositive":"yes","related_facts":"Lease agreement terms, previous court order, permit requirements"}
- {"issue_text":"Whether the permit requirement under the Parks and Wildlife Act was mandatory and how it should be implemented","issue_type":"law","dispositive":"yes","related_facts":"Parks and Wildlife Act, clause 6.1 of lease agreement, previous correspondence"}
- {"issue_text":"Whether the respondent's actions constituted interference with the applicant's rights under the lease agreement","issue_type":"fact","dispositive":"yes","related_facts":"Deployment of armed officers, prevention of activities, cancellation of bookings"}
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background
Facts of the Case
Background
The applicant and respondent entered into a deed of settlement and twenty-five year lease agreement on 8 September 2017 for land in Chewore Safari Area. The respondent gave six months' notice to vacate on 16 March 2022, prompting the applicant to seek urgent relief. The court granted interim relief allowing the applicant to continue operations subject to permit requirements.
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