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Harare High Court

Abdullah Ismail Kassim (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) v Matthews Mukwawaya

HH 197-2010

Case Details

Court
Harare High Court
Date
7 September 2010
Citation
HH 197-2010
Neutral Citation
[2010] ZWHH 197
Outcome
unknown
Case Type
Trial

Bench

Presiding
Patel J
Full Bench
Patel J
Areas of Law
Property lawLandlord and tenant law
Keywords
Lease cancellationArrear rentalsRight of first refusalLocus standiExecutor dative
Tags
Lease agreementEvictionExecutor dativeStatutory tenancy
legislation
Statutes Cited
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff has capacity to institute action as executor dative","issue_type":"procedural","dispositive":"no","related_facts":"Distribution account approved July 2009, estate not yet fully liquidated"}
  • {"issue_text":"Whether defendant has right of first refusal","issue_type":"mixed","dispositive":"no","related_facts":"No written record, alleged verbal grant in 2004"}
  • {"issue_text":"Is plaintiff entitled to order evicting defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment of rent since September 2009, lease cancelled January 2010"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Executor dative of deceased estate sued statutory tenant for eviction and arrear rentals. Tenant claimed right of first refusal and set-off for repairs. Court found no such right, tenant in breach for non-payment, executor had locus standi, ordered eviction and payment.
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