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Harare High Court

Mudyiwa Elisha Ndewere v Debra Kunyeda and Brian Sedze

HH 193-2013

Case Details

Court
Harare High Court
Date
19 June 2013
Citation
HH 193-2013
Neutral Citation
[2013] ZWHH 193
Outcome
unknown
Case Type
Trial

Bench

Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Property lawLandlord and tenant law
Keywords
EvictionRental arrearsStatutory tenancyLease agreementEjectment
Tags
Landlord and tenantEvictionRental arrearsStatutory tenancy
legislation
Statutes Cited
  • No statute or statutory provision was expressly mentioned, interpreted, or applied.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the defendants are entitled to statutory tenancy despite non-payment of rent","issue_type":"mixed","dispositive":"yes","related_facts":"Defendants claimed to be up to date with rent; evidence showed arrears"}
  • {"issue_text":"Whether the second defendant has any legal right to occupy the premises","issue_type":"law","dispositive":"yes","related_facts":"Second defendant not lease holder; first defendant vacated"}
  • {"issue_text":"Whether the plaintiff is entitled to eviction and rental arrears","issue_type":"mixed","dispositive":"yes","related_facts":"Defendants in arrears; no legal basis for occupation"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff, owner of house number 10 Capri Road, Highlands Harare, instituted eviction proceedings against the first and second defendants for non-payment of rent. The first defendant was the original leaseholder who vacated the premises, leaving the second defendant (her former husband) in occupation with a new wife. The defendants claimed they had been paying rent through the plaintiff's agents, but evidence showed they were in arrears of US$4,500.
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