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Harare High Court
Wonder Munzara, Deluxe Mashava, Theresa Kashava, and Roseline Musaringo v The City of Harare
HH 567-22
Case Details
Court
Harare High Court
Date
24 August 2022
Citation
HH 567-22
Neutral Citation
[2022] ZWHH 567
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Contract LawAdministrative Law
Keywords
specific performancesaleintrinsic land valuemunicipalitycontract
Tags
specific performancesale of landmunicipal law
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Urban Council Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants are entitled to an order of specific performance compelling the City of Harare to provide the actual intrinsic land values for the stands.","issue_type":"law","dispositive":"yes","related_facts":"Payment of provisional fees; failure to provide final values; readiness to pay."}
- {"issue_text":"Whether the court has jurisdiction to grant the relief sought.","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's argument that relief is ultra-vires."}
- {"issue_text":"Whether the City of Harare's conduct constitutes a breach of contract.","issue_type":"law","dispositive":"yes","related_facts":"Failure to perform obligation to provide valuation."}
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background
Facts of the Case
Background
The applicants purchased stands from the City of Harare and paid provisional administration fees and intrinsic land values. The City failed to advise them of the final intrinsic land values for two years, preventing them from developing their properties. The applicants sought an order compelling the City to provide these values.
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