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Harare High Court
LOCAL AUTHORITIES PENSION FUND v F & R TRAVEL TOURS AND CAR SALES (PRIVATE) LIMITED and FREEJOY CHIGWIDA and RAPHAEL MAKWARA
HH 90-2010
Case Details
Court
Harare High Court
Date
9 June 2010
Citation
HH 90-2010
Neutral Citation
[2010] ZWHH 90
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Property lawLandlord and tenant lawCommercial lease agreements
Keywords
EvictionStatutory tenancyCommercial premisesLease terminationRental arrearsCurrency conversion
Tags
Landlord and tenantEvictionCommercial leaseStatutory tenancy
legislation
Statutes Cited
- Commercial Rent Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can rely on terminated lease agreement to found cause of action for eviction","issue_type":"procedural","dispositive":"yes","related_facts":"Lease terminated June 2007, application filed July 2009"}
- {"issue_text":"Whether statutory tenancy protections apply where lease has terminated","issue_type":"law","dispositive":"no","related_facts":"Respondents remained in occupation after lease termination"}
- {"issue_text":"Whether breach of contract can be established where rental amount was not agreed","issue_type":"mixed","dispositive":"yes","related_facts":"Parties met on 12 May 2009 to discuss rental, applicant claimed breach from January 2009"}
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background
Facts of the Case
Background
The applicant landlord sought eviction of respondents from commercial premises for alleged breach of a written lease agreement. The lease had terminated in June 2007, but respondents remained in occupation. Applicant claimed respondents failed to pay rentals and operating costs since January 2009.
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