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Harare High Court
WARREN HILLS GOLF CLUB v SUNSHINE DEVELOPMENTS (PVT) LTD and CITY OF HARARE
HH797/22
Case Details
Court
Harare High Court
Date
7 November 2022
Citation
HH797/22
Neutral Citation
[2022] ZWHH 797
Outcome
unknown
Case Type
Application
Bench
Presiding
NDLOVU J
Full Bench
NDLOVU J
Areas of Law
Civil ProcedureProperty LawAdministrative Law
Keywords
amendmentplealeasetitle deedcorruptionfraud
Tags
amendment of plealand ownershipmunicipal land
legislation
Statutes Cited
- High Court Rules, 2021
- Urban Councils Act
- Deeds Registries Regulations, 1977
- Zimbabwe Investment Authority Act
- Procurement Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should be granted leave to amend its plea in terms of Rule 41 of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant sought amendment on the eve of trial; the amendment would substitute the entire plea"}
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background
Facts of the Case
Background
The applicant sought leave to amend its plea in a pending trial concerning ownership and lease of municipal land. The applicant claimed the respondent's title was acquired through corruption and fraud, and that the applicant held a valid lease from the City of Harare. The court found the amendment was not timeously sought and would effectively restart the case on the eve of trial.
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