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Harare High Court
Chiverere Contractors (Pvt) Ltd v Clothing Industry Pension Fund and Sara Tafirei
HH 92-17
Case Details
Court
Harare High Court
Date
9 February 2017
Citation
HH 92-17
Neutral Citation
[2017] ZWHH 92
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHITAKUNYE J
Author
NDEWERE J
Full Bench
CHITAKUNYE JNDEWERE J
Areas of Law
Property LawCivil Procedure
Keywords
evictionlease agreementlocus standispecial pleaexception
Tags
evictionlease cancellationlocus standispecial plea
legislation
Statutes Cited
- Magistrates Court Act [Chapter 7:10] (implied) – parent statute under which the Rules were made; not discussed.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Magistrates Court Rules make provision for filing a special plea","issue_type":"procedural","dispositive":"no","related_facts":"Respondents filed special plea challenging appellant's locus standi"}
- {"issue_text":"Whether the appellant had locus standi to seek eviction of the second respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Lease agreement cancelled in 2013, appellant issued summons in 2014"}
- {"issue_text":"Whether the summons disclosed a cause of action against the respondents","issue_type":"law","dispositive":"yes","related_facts":"Averment of lease in summons despite cancelled agreement"}
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background
Facts of the Case
Background
The appellant, a former lessee of offices 601-605 from the first respondent, allowed the second respondent to occupy office 602 on compassionate grounds without a formal lease. After the first respondent cancelled the lease with the appellant for non-payment in 2013, the appellant sought to evict the second respondent from the premises, claiming to be the lessee despite the cancelled lease agreement.
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