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Harare High Court
Bubble Tech (Pvt) Ltd v City of Harare
HH 09-24
Case Details
Court
Harare High Court
Date
10 January 2024
Citation
HH 09-24
Neutral Citation
[2024] ZWHH 9
Outcome
unknown
Case Type
Appeal
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO JMUCHAWA J
Areas of Law
Property LawContract Law
Keywords
BOT agreementevictionrental arrearsbreach of contractBuild Operate Transfer
Tags
evictionBOT agreementrental arrearsbreach of contract
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in considering rental inconsistency when it wasn't pleaded","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's particulars of claim mentioned arrears"}
- {"issue_text":"Whether clearing rental arrears before trial excuses breach of agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Arrears were paid before trial"}
- {"issue_text":"Whether the court properly decided the points in limine regarding lis pendens","issue_type":"procedural","dispositive":"no","related_facts":"Previous case 8189/19 was mentioned"}
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background
Facts of the Case
Background
The parties entered into a BOT (Build, Operate and Transfer) agreement for construction of a shop at Julius Nyerere Parkade. After the 5-year BOT period expired, the appellant remained in occupation and accumulated rental arrears. The respondent sought eviction and payment of arrears.
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