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Harare High Court

BK Investments (Pvt) Ltd v CITMA College

HH 116-17

Case Details

Court
Harare High Court
Date
22 February 2017
Citation
HH 116-17
Neutral Citation
[2017] ZWHH 116
Outcome
unknown
Case Type
Trial

Bench

Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Property LawContract Law
Keywords
Lease agreementArrear rentalsEjectmentBreach of contractHolding over damages
Tags
Landlord and tenantLease agreementArrear rentalsEjectment
legislation
Statutes Cited
  • Law Society of Zimbabwe By-Laws
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What is the agreed rent for the defendant in terms of the lease agreement?","issue_type":"fact","dispositive":"yes","related_facts":"Written lease agreement specifies US$4,945; defendant claims oral agreement for US$1,000"}
  • {"issue_text":"Whether the defendant has failed to pay monthly rentals in terms of the lease agreement?","issue_type":"fact","dispositive":"yes","related_facts":"Defendant did not pay from November 2011 to October 2012"}
  • {"issue_text":"What amount is owed by the defendant to the plaintiff as arrear rentals?","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff claims US$13,150; defendant admits US$5,280 in correspondence"}
  • {"issue_text":"Whether the plaintiff is entitled to an order for ejectment of the defendant from the leased premises?","issue_type":"law","dispositive":"yes","related_facts":"Breach of lease agreement; cancellation clause"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff landlord sued the defendant tenant for arrear rentals and ejectment from commercial premises. The defendant disputed the existence of a written lease agreement and claimed advance rental payments, but the court found overwhelming evidence of a binding written lease agreement that the defendant had breached.
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