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Harare High Court
Bernard Simbanouta Gatawa v W. Nkatazo
HH 53-2010
Case Details
Court
Harare High Court
Date
17 March 2010
Citation
HH 53-2010
Neutral Citation
[2010] ZWHH 53
Outcome
unknown
Case Type
Trial
Bench
Presiding
Bhunu J
Full Bench
Bhunu J
Areas of Law
Property LawContract Law
Keywords
LeaseEvictionHolding over damagesZimbabwean dollarMulti-currency system
Tags
Lease agreementEvictionHolding over damagesCurrency demonetization
legislation
Statutes Cited
- Commercial Rent Regulations, 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is entitled to remain on the premises after the demise of the Zimbabwean dollar","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant continued occupation from February 2009; Zimbabwean dollar ceased to be legal tender"}
- {"issue_text":"Whether the plaintiff is entitled to eviction of the defendant","issue_type":"law","dispositive":"yes","related_facts":"Defendant admitted not paying rentals from 2006; Defendant's continued occupation after February 2009"}
- {"issue_text":"What is the appropriate quantum of holding over damages","issue_type":"fact","dispositive":"no","related_facts":"Defendant offered US$50 per month; Plaintiff claimed US$700 per month"}
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background
Facts of the Case
Background
The plaintiff, owner of Sportlight Butchery and Bottle Store, had verbally leased the premises to the defendant since 1997. After the Zimbabwean dollar ceased to be legal tender in January 2009, the defendant continued occupying the premises without paying rent, claiming entitlement to compensation for improvements made. The plaintiff sought eviction and holding over damages.
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