W AND D CONSULTANTS PRIVATE LIMITED and VIMBAI WILLARD ZIREVA v JUSTICE MASAKA and FUNGAI MASAKA and DAVID MUCHINGURI and CHRIS WILKINSON PEARCE and PATRICIA ELIZABETH KIRSTEIN

HH 27/16

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Case Details

Court

Harare High Court

Date

13 January 2016

Citation

HH 27/16

Neutral Citation

[2016] ZWHH 27

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA J

Full Bench

MAKONI JMWAYERA J

Areas of Law

Property LawDelictual Law

Keywords

NuisanceInterdictResidential PropertyNoisePublic Peace

Key Issues

{"issue_text":"Whether the court a quo erred in granting relief not supported by the respondents' founding papers","issue_type":"procedural","dispositive":"no","related_facts":"The amended draft order and respondents' founding affidavit"}
{"issue_text":"Whether there were material disputes of fact that required action proceedings rather than application proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants' admission of conversion and noise, respondents' complaints of nuisance"}

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background

Facts of the Case

Background

The respondents, owners and residents of properties in a residential area, sought an interdict against the appellants who had converted their residential property into a venue for weddings and parties, causing noise and nuisance. The magistrate court granted the interdict, and the appellants appealed to the High Court.

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