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Harare High Court
CBZ Bank Limited v Business Environment Services (Private) Limited
HH 783-17
Case Details
Court
Harare High Court
Date
22 September 2017
Citation
HH 783-17
Neutral Citation
[2017] ZWHH 783
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Contract lawProperty lawUnjust enrichment
Keywords
LeaseRepairsDamagesUnjust enrichmentWrit of executionCounterclaim
Tags
Lease agreementProperty repairsUnjust enrichmentWrit of execution
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant is liable for repairs undertaken on the premises by plaintiff","issue_type":"mixed","dispositive":"no","related_facts":"No inspection at commencement; no handover-takeover; lease clause 7.13-7.15"}
- {"issue_text":"Whether the plaintiff should refund to the defendant any amount representing the difference between the judgment debt and costs in HC 1955/10, and the amount paid between March 2010 and April 2012","issue_type":"law","dispositive":"yes","related_facts":"Overpayment of $119,521.06; continued use of writ after satisfaction; payments under protest"}
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background
Facts of the Case
Background
The plaintiff bank claimed $33,010 for repairs to premises leased to the defendant, while the defendant counterclaimed $119,521 for overpayments made under threat of execution after a court order had been satisfied. The lease required the defendant to maintain the premises and return them in good repair, but no inspection was conducted at commencement or termination.
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