Makumbe v Makenga (560 of 2023) [2023] ZWHHC 558 (17 October 2023)

Makumbe v Makenga (560 of 2023) [2023] ZWHHC 558 (17 October 2023)

The dispute was not between registered cooperatives or between a society and its member at the relevant time, so s 115 did not apply. The trial court's finding that it had jurisdiction was correct and the appeal was dismissed.

Citation
[2023] ZWHHC 558
Parties
Appellant: Mildred Makumbe; Respondent: Rugare Makenga
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 October 2023
Case Number
560 of 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Eviction, Jurisdiction, Cooperative Disputes
Source Language
English
Property Law Cooperative Societies Eviction Jurisdiction Cooperative Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Mildred Makumbe

Appellant

Rugare Makenga

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to hear the eviction matter given an alleged dispute between two cooperatives
  2. 2 Whether the dispute ought to have been referred to the Registrar of Cooperatives under s 115 of the Cooperative Societies Act

Ratio Decidendi

The dispute was not between registered cooperatives or between a society and its member at the relevant time, so s 115 did not apply. The trial court's finding that it had jurisdiction was correct and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Eviction order upheld