The applicant seeks the grant of a draft order in these terms:
“IT IS ORDERED THAT:
1. The respondent be and is hereby ordered to vacate certain piece of land situate in the district of Salisbury called stand 174 Merwede Township of Lot 1 of Subdivision D of Merwede of Glaudina of Subdivision A of Gillinghan, Commonly known as Exor Service Station, Snake Park.
2. The respondent to pay costs of suit.”
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This application is in terms of section 85 (1) of the Constitution of Zimbabwe Amendment Act (No.20), 2013 whereby the applicant seeks a declaratory order to the effect that the Petroleum (Mandatory Blending of Anhydrous Ethanol with Unleaded Petrol) (Amendment) Regulations, 2013 (No.1) otherwise referred to as Statutory Instrument 147A of 2013 is constitutionally invalid in that it violates his right to property as enshrined in s 71 (2) as read with s 71 (3) of the Constitution of Zimbabwe. It is an application between the applicant and the 1st Respondent, being the Minister responsible for the administration of the...
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On 11 September 2018, the first respondent, a local authority established in terms of the Urban Councils Act, entered into a consent order with the second to thirty-second respondents (“the respondents”) who are its employees. The consent order appears at p 114 of the record. It was issued under HC 6908/13. It allocated to the respondents stand numbers 3515to 3553 excluding stand numbers 3536 and 3552 of Valley Lane Plan TPX 1290, Crowborough, Harare.
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On 14 April 2021, after reading documents filed of record and hearing Counsel for the applicant and for the respondents, I pronounced the following order:
“IT IS ORDERED THAT:
1. The first respondent’s actions, on 21 September 2020, in impounding the applicant’s Subaru motor vehicle, without warrant of court order, were unlawful, null and void
2. Part 1, relating to items 1 to 4 being fees that are expressed in United States Dollars, of the Vehicle Registration and Licensing (Amendment Regulations 2020) (No 21), published as Statutory Instrument 166 of 2020 be and is hereby declared to be ultra vires...
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