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Harare High Court
National Social Security Authority v P & P Motors (Private) Limited and Patrick Chirinda and Lavender Chirinda
HH 5-2013
Case Details
Court
Harare High Court
Date
3 September 2012
Citation
HH 5-2013
Neutral Citation
[2013] ZWHH 5
Outcome
unknown
Case Type
Application
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Commercial LawProperty LawCivil Procedure
Keywords
Lease agreementStatutory tenantCommercial Premises (Rent) RegulationsNotice to pleadIntention to bar
Tags
Lease agreementStatutory tenancyBar upliftmentBreach of contract
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff properly effected the bar on the defendants","issue_type":"procedural","dispositive":"yes","related_facts":"Notice to plead served 21 September 2011; Request for particulars filed 28 September 2011; Bar effected 4 October 2011"}
- {"issue_text":"Whether the defendants have a defence to the action","issue_type":"mixed","dispositive":"yes","related_facts":"Lease expired 28 February 2011; Rent paid 7 June 2011; Defendants claim statutory tenancy"}
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background
Facts of the Case
Background
The applicant (plaintiff in main action) sought to uplift a bar imposed on the respondents (defendants) for failure to file a plea timeously. The dispute arose from a lease agreement for commercial premises where the plaintiff alleged breach for late payment of June 2011 rentals. The defendants claimed statutory tenancy protection and requested further particulars after notice to plead was served.
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