Zvishavane Town Council v Zimbabwe Electricity Transmission and Distribution (Private) Limited

SC 75/22

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Case Details

Court

Supreme Court

Date

24 June 2022

Citation

SC 75/22

Neutral Citation

[2022] ZWSC 75

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KUDYA AJA

Full Bench

GUVAVA JAMAVANGIRA JAKUDYA AJA

Areas of Law

Administrative LawLocal Government LawPrescription Law

Keywords

way leave chargesultra viresobjective invalidityprescriptionstatutory servitude

Key Issues

{"issue_text":"Whether the by-laws imposing way leave charges were void ab initio and ultra vires the relevant legislation","issue_type":"law","dispositive":"yes","related_facts":"The by-laws were enacted under the Urban Councils Act but allegedly conflicted with the Electricity Act"}
{"issue_text":"Whether one-half of the way leave charges claim had prescribed","issue_type":"law","dispositive":"no (rendered moot by the finding on by-laws)","related_facts":"The claim was for charges incurred from 2011, with the counterclaim served after 30 June 2013"}

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background

Facts of the Case

Background

The respondent sued the appellant for unpaid electricity bills. The appellant counterclaimed for unpaid way leave charges and rates, seeking to set-off the main claim. The High Court found the by-laws imposing way leave charges were ultra vires and that the claim had prescribed, leading to this appeal.

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