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Harare High Court
China Africa Cotton Zimbabwe (Private) Limited v Quton Seed Company (Private) Limited
HH 199-18
Case Details
Court
Harare High Court
Date
11 April 2018
Citation
HH 199-18
Neutral Citation
[2018] ZWHH 199
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Property LawLandlord and Tenant Law
Keywords
evictionlease expirationstatutory tenancyholding overdefective summonsexception
Tags
evictionlease agreementstatutory tenancyholding over damages
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's summons disclosed a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Summons contained only prayers without particulars"}
- {"issue_text":"Whether defective summons could be cured by amendment","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff filed notice to amend after defendant raised defects"}
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background
Facts of the Case
Background
Plaintiff sued defendant for eviction and holding over damages after lease expired and statutory tenancy was terminated. Defendant excepted, arguing summons disclosed no cause of action. Plaintiff conceded deficiency but claimed it could be cured by amendment.
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