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Harare High Court
Goodwood Hotels (Pvt) Ltd t/a Cutty Sark Hotel v David Hunzvi and 3 Apple International (Pvt) Ltd
HH 628-22
Case Details
Court
Harare High Court
Date
14 September 2022
Citation
HH 628-22
Neutral Citation
[2022] ZWHH 628
Outcome
unknown
Case Type
Trial
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Property lawContract lawDelict
Keywords
rei vindicatioevictionconsultancy agreementholding over damagesset-off
Tags
EvictionContractual disputeConsultancy feesSet-off
legislation
Statutes Cited
- Architects (Conditions of Engagement and Scale of fees) By-Laws
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendants have lawful right to remain in occupation of room 10","issue_type":"mixed","dispositive":"yes","related_facts":"Defendants' occupation from June 2010; plaintiff's ownership; notice to vacate"}
- {"issue_text":"What damages has plaintiff suffered","issue_type":"factual","dispositive":"no","related_facts":"Daily rental rate of $35; period from August 2013"}
- {"issue_text":"What were terms of engagement between parties","issue_type":"factual","dispositive":"no","related_facts":"Oral discussions; written proposals; services rendered"}
- {"issue_text":"What amount is due to defendants for services rendered","issue_type":"factual","dispositive":"no","related_facts":"10% of land value; services provided June-September 2010"}
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background
Facts of the Case
Background
The plaintiff hotel sought eviction of defendants from room 10 and claimed holding over damages. Defendants counterclaimed for unpaid consultancy fees alleging they provided professional services for plaintiff's expansion project. The court found defendants had no lawful right to remain in occupation and ordered eviction, while also finding plaintiff liable for consultancy services rendered.
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