MASHONALAND TURF CLUB versus SUSAN PETERS and GIBSON INVESTMENTS (PRIVATE) LIMITED

Key Issues

• {"issue_text":"What were the terms upon which the defendants took occupation of the various spaces at the plaintiff's property?","issue_type":"fact","dispositive":"no","related_facts":"Stallion Bar lease agreement, MOU for Silver Ring Area"}
• {"issue_text":"Whether the defendants are in breach of the terms upon which they took occupation","issue_type":"mixed","dispositive":"no","related_facts":"Non-payment of rentals, continued occupation without agreement"}
• {"issue_text":"Whether the defendants are obliged to pay rentals in terms of the valuation by Richard Ellis Africa","issue_type":"law","dispositive":"yes","related_facts":"Market rental valuation, absence of formal lease agreements"}
• {"issue_text":"Whether the defendants are obliged to pay the plaintiff's rates, water and electricity","issue_type":"law","dispositive":"no","related_facts":"Utility charges, occupation of premises"}
• {"issue_text":"Whether plaintiff has established a prima facie case sufficient to survive absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence presented, defendants' occupation, non-payment"}

Background