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Residents win noise pollution case

by Staff reporter
05 Jun 2021 at 08:26hrs | Views
THE Administrative Court has upheld an appeal by residents of Shawasha Hills barring a couple from hosting weddings in its neighbourhood following complaints by neighbours.

The couple, Gerald and Leah Nachipo, and City of Harare were cited as respondents in an application filed by five neighbours who complained over noise pollution.

The residents said the noise from the events was disturbing their peace. The couple, however, opposed the application, arguing that it had a valid permit to host events for a fee. According to court papers, in August 2018, the Nachipos held a meeting with their neighbours in the Shawasha area following complaints over noise.]

The residents later submitted a petition to the city council, which, however, granted a permit to the Nachipos to use their residential place as a wedding and events venue.

This prompted the residents to appeal to the Administrative Court.

In his ruling, Judge Justice Herbert Mandeya said: "The court's view is that there are sufficient indications that there were improprieties that led to the first and second respondents by the third respondent. Applicants engaged the first and second respondents on several occasions over the noise emanating from the first and second respondents' premises at times they wished to rest peacefully. That shows they value their peace."

The City of Harare did not oppose the application.

The couple was ordered to pay the cost of the suit.

Source - newsday