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Harare High Court
Mining Industry Pension Fund v DAB Marketing (Private) Limited
HH 281-10
Case Details
Court
Harare High Court
Date
29 December 2010
Citation
HH 281-10
Neutral Citation
[2010] ZWHH 281
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Contract lawProperty lawCommercial litigation
Keywords
Lease cancellationArrear rentalsHolding over damagesRoof repairsGutter maintenancePharmaceutical manufacturingContamination
Tags
Lease agreementBreach of contractDamagesRent abatement
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff breached lease agreement by failing to maintain roof/gutters","issue_type":"mixed","dispositive":"no","related_facts":"Internal gutters leaked; plaintiff notified but failed to repair"}
- {"issue_text":"Whether defendant suffered damages from breach","issue_type":"fact","dispositive":"no","related_facts":"Manufacturing ceased; claimed lost profits"}
- {"issue_text":"Quantum of damages suffered by defendant","issue_type":"fact","dispositive":"yes","related_facts":"US$170,000 claimed; no expert financial evidence led"}
- {"issue_text":"Whether defendant entitled to rent abatement under clause 24(b)","issue_type":"law","dispositive":"yes","related_facts":"Premises partially unusable due to leaks"}
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background
Facts of the Case
Background
The plaintiff landlord sued the defendant tenant for cancellation of a lease agreement, arrear rentals and eviction. The defendant counterclaimed for damages alleging breach of lease obligations to maintain the roof and gutters, causing leaks that forced cessation of pharmaceutical manufacturing. Both claims failed due to insufficient proof of quantified damages.
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