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U-TOW TRAILERS (PVT) LTD v CITY OF HARARE & ANOR 2009 (2) ZLR 259 (H)

2009 (2) ZLR p259

Citation

2009 (2) ZLR 259 (H)

Case No

Judgment No. HH-103-09

Court

High Court, Harare

Judge

Makarau JP

Heard

30 June 2009; 13 July 2009

Judgment

21 October 2009

Counsel

L Mazonde, for the applicant
S Chirowe, for the first respondent
C Daitai, for the second respondent

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Administrative law – administrative decision – decision arising out of contract between administrative authority and another party – applicability of Administrative Justice Act [Chapter 10:28] to such decision – duty of administrative authority to act fairly and in accordance with Act

Landlord and tenant – lease – breach of by lessee – breach entitling lessor to cancel lease and seek eviction of lessee – only court may order ejectment of lessee

Local government – town council – administrative decision by – decision arising out of contract between administrative authority and another party – applicability of Administrative Justice Act [Chapter 10:28] to such decision

Practice and procedure – application – what must be pleaded – no need to plead the law under which application made – application may be heard as long as necessary averments to sustain cause of action are pleaded

Statutes – Administrative Justice Act [Chapter 10:28] – applicability – decisions by administrative authority arising out of contract – such decision subject to Administrative Justice Act

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