Hillarious Housing Coop. v Kanende (HC 7547 of 2013; HH 344 of 2016) [2016] ZWHHC 344 (1 June 2016)

Hillarious Housing Coop. v Kanende (HC 7547 of 2013; HH 344 of 2016) [2016] ZWHHC 344 (1 June 2016)

The Apex Board led by Tonderai Nkomo was not a lawful entity at the time of allocation, having been dissolved and replaced by Ezekiel Karimanzira as chairman. Therefore, any allocation made by Tonderai Nkomo's Apex Board was illegal and conferred no rights to the defendant. The Ministry of Local Government's...

Source-derived case information.

Citation
[2016] ZWHHC 344
Parties
Plaintiff: Hilliarious Housing Cooperative; Defendant: Amos Kanende
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 June 2016
Case Number
HC 7547 of 2013 ; HH 344 of 2016
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Eviction, Allocation of Cooperative Property, Registration of Cooperative Societies, Authority of Cooperative Boards
Source Language
english
Property Law Cooperative Law Eviction Allocation of Cooperative Property Registration of Cooperative Societies Authority of Cooperative Boards

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Summary, issues, holding and outcome

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Parties

Hilliarious Housing Cooperative

Plaintiff

Amos Kanende

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to evict the defendant from stand 455 Retreat Township, Waterfalls, Harare
  2. 2 Whether the Apex Board chaired by Tonderai Nkomo was a lawful entity with authority to allocate stands

Ratio Decidendi

The Apex Board led by Tonderai Nkomo was not a lawful entity at the time of allocation, having been dissolved and replaced by Ezekiel Karimanzira as chairman. Therefore, any allocation made by Tonderai Nkomo's Apex Board was illegal and conferred no rights to the defendant. The Ministry of Local Government's confirmation that the stand belongs to the plaintiff is decisive.

Court Disposition

judgment for plaintiff

Orders

  • The defendant and any persons claiming occupation through him are ordered to vacate stand 455 Retreat Township, Waterfalls, Harare within 10 days from the date of this order.
  • If the defendant fails to comply, the Sheriff is authorised to evict him or any persons claiming occupation through him.