Gombera and 4 Others v Mazowe Rural District Council and Another (776 of 2022) [2022] ZWHHC 776 (1 November 2022)

Gombera and 4 Others v Mazowe Rural District Council and Another (776 of 2022) [2022] ZWHHC 776 (1 November 2022)

The application is fatally defective for combining an application for leave to institute a class action with a mandamus; the law requires leave to be sought and granted first before substantive relief is pursued.

Citation
[2022] ZWHHC 776
Parties
Applicant: Nebart Gombera; Applicant: Gerald Chirenje; Applicant: Garikai Kanengoni; Applicant: Jack Chris Hiya; Applicant: Shadmont Chivero; Respondent: Mazowe Rural District Council; Respondent: Minister of Local Government and National Housing
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 November 2022
Case Number
776 of 2022
Procedural Posture
Opposed Application / Ruling on Preliminary Objections and Merits
Outcome
Application dismissed with costs
Legal Topics
Class Actions, Access to Information, Mandamus, Jurisdiction, Misjoinder
Source Language
English
Civil Procedure Administrative Law Class Actions Access to Information Mandamus Jurisdiction Misjoinder

Case Brief

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Parties

Nebart Gombera

Applicant

Gerald Chirenje

Applicant

Garikai Kanengoni

Applicant

Jack Chris Hiya

Applicant

Shadmont Chivero

Applicant

Mazowe Rural District Council

Respondent

Minister of Local Government and National Housing

Respondent

Procedural Posture

Opposed Application / Ruling on Preliminary Objections and Merits

Legal Issues

  1. 1 Whether a hybrid application for leave to institute a class action and mandamus is competent
  2. 2 Whether the application is fatally defective for combining two distinct reliefs
  3. 3 Whether the applicants failed to exhaust domestic remedies

Ratio Decidendi

The application is fatally defective for combining an application for leave to institute a class action with a mandamus; the law requires leave to be sought and granted first before substantive relief is pursued.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.