Nhau v Kafe & Anor (HC 6337 of 2014) [2015] ZWHHC 73 (27 January 2015)

Nhau v Kafe & Anor (HC 6337 of 2014) [2015] ZWHHC 73 (27 January 2015)

The plaintiff has locus standi as he has a real and substantial interest in the property, having been allocated the stand, paid for it, and effected improvements. The dispute between co-operatives does not preclude the plaintiff from seeking spoliatory relief. The special plea does not dispose of the case and is without merit.

Citation
[2015] ZWHHC 73
Parties
Plaintiff: Fungai Nhau; Defendant: Memory Kafe; Defendant: Chipo Nkudzi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 January 2015
Case Number
HC 6337 of 2014
Procedural Posture
Civil / Special Plea in Bar/abatement
Outcome
special plea in bar dismissed with costs
Legal Topics
Eviction, Locus Standi, Spoliation, Pleadings, Co Operative Societies
Source Language
English
Property Law Civil Procedure Eviction Locus Standi Spoliation Pleadings Co Operative Societies

Case Brief

Summary, issues, holding and outcome

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Parties

Fungai Nhau

Plaintiff

Memory Kafe

Defendant

Chipo Nkudzi

Defendant

Procedural Posture

Civil / Special Plea in Bar/abatement

Legal Issues

  1. 1 Whether the plaintiff has locus standi to bring an eviction action regarding Stand 11347 Joseph Msika Housing Co-operative Hatcliffe Harare
  2. 2 Whether the plaintiff must exhaust domestic remedies under the Co-operative Societies Act before approaching the court
  3. 3 Whether the special plea in bar/abatement disposes of the case without going into the merits

Ratio Decidendi

The plaintiff has locus standi as he has a real and substantial interest in the property, having been allocated the stand, paid for it, and effected improvements. The dispute between co-operatives does not preclude the plaintiff from seeking spoliatory relief. The special plea does not dispose of the case and is without merit.

Court Disposition

special plea in bar dismissed with costs

Orders

  • The special plea in bar is dismissed with costs.