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Harare High Court
CELSHED TELECOMMUNICATIONS (PVT) LTD v DORCAST INVESTMENTS (PVT) LTD and BENDROSE INVESTMENTS (PVT) LTD
HH 163-17
Case Details
Court
Harare High Court
Date
1 March 2017
Citation
HH 163-17
Neutral Citation
[2017] ZWHH 163
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUNANGATI-MANONGWA J
Full Bench
MUNANGATI-MANONGWA JMWAYERA J
Areas of Law
Commercial LawProperty Law
Keywords
lease agreementstatutory tenantejectmentrentalsusurious interest
Tags
lease agreementejectmentrentalsstatutory tenant
legislation
Statutes Cited
- None – no statute or statutory provision is quoted, interpreted or applied.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court erred in confirming rental amounts not based on evidence","issue_type":"fact","dispositive":"no","related_facts":"Receipts showing regular USD payments, correspondence acknowledging debt"}
- {"issue_text":"Whether the court misdirected itself regarding discovery failures","issue_type":"procedural","dispositive":"no","related_facts":"Appellant failed to effect discovery despite opportunities"}
- {"issue_text":"Whether the appeal had merit given the evidence on record","issue_type":"mixed","dispositive":"yes","related_facts":"Clear evidence of agreed rentals, appellant's acknowledgments"}
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background
Facts of the Case
Background
Appellant entered into lease agreement with respondents in 2007 which expired in 2008 but remained in occupation until 2015. Respondents applied for ejectment and payment of outstanding rentals. Appellant counterclaimed for various refunds. Magistrate granted respondents' claim and dismissed counterclaims. Appellant appealed.
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