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Harare High Court
Mining Industry Pension Fund v Fartingale Design (Pvt) Ltd and Letina Undenge
HH 165-12
Case Details
Court
Harare High Court
Date
4 April 2012
Citation
HH 165-12
Neutral Citation
[2012] ZWHH 165
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Commercial LawProperty LawContract Law
Keywords
lease cancellationarrear rentalsoperating costsevictionset-offillegalityzoning violations
Tags
lease agreementbreach of contractevictionarrear rentalsoperating costs
legislation
Statutes Cited
- City of Harare City Centre Land Development Plan No 22
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first defendant breached the lease agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment and late payment of rent; non-payment of operating costs"}
- {"issue_text":"Whether the breach was attributable to plaintiff's conduct","issue_type":"law","dispositive":"no","related_facts":"Plaintiff's consent to renovations; zoning issues"}
- {"issue_text":"Whether premises were condemned by City Council","issue_type":"fact","dispositive":"no","related_facts":"Zoning violations; trading licence refusal"}
- {"issue_text":"Whether defendant excused from payment due to condemnation","issue_type":"law","dispositive":"yes","related_facts":"Zoning violations; continued occupation"}
- {"issue_text":"Whether set-off of renovation costs permissible","issue_type":"law","dispositive":"yes","related_facts":"US$23,200 expenditure; plaintiff's consent"}
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background
Facts of the Case
Background
The plaintiff, a pension fund, leased commercial premises to the first defendant with the second defendant as surety. The first defendant failed to pay rent timeously and in full, and disputed operating costs. The plaintiff cancelled the lease and sought eviction and payment of arrears. The defendants raised defences of illegality (zoning violations) and set-off for renovation costs.
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