ZETDC v ZVISHAVANE TOWN COUNCIL 2018 (2) ZLR 702 (H)
Citation | 2018 (2) ZLR 702 (H) |
Case No | Judgment No. HH-706-18 |
Court | High Court, Harare |
Judge | Mathonsi J |
Heard | 23 October 2018; 24 October 2018 |
Judgment | 31 October 2018 |
Counsel | T Mpofu with A Demo, for the plaintiff |
Case Type | Civil trial |
Annotations |
Flynote
Prescription – period – levies – "way leave charges" levied by urban council against electricity supplier – whether such special levies constitute a tax and therefore have a thirty-year prescriptive period
Practice and procedure – plea – special plea – need to replicate to – effect of failure to do so
Statutes – subsidiary legislation – validity of – by-laws empowering urban council to impose "way leave charges" as a levy on electricity transmission apparatus belonging to ZETDC passing through or located in council's area of jurisdiction – impermissibility of making by-laws which have the effect of repealing or altering primary legislation.
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