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Harare High Court
Nyarai Chanakira v Balibantine Jivan and The Sheriff of Zimbabwe
HH 467-13
Case Details
Court
Harare High Court
Date
29 November 2013
Citation
HH 467-13
Neutral Citation
[2013] ZWHH 467
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawCommercial Law
Keywords
Lease agreementUnlawful evictionStatus quo anteCommercial Premises Rent Regulations
Tags
Commercial leaseEvictionInterdict
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations, 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent unlawfully prevented the applicant from possessing and occupying the leased shop","issue_type":"mixed","dispositive":"yes","related_facts":"Withholding of keys on 22 November 2013; three-year peaceful possession"}
- {"issue_text":"Whether the applicant is entitled to interim relief restoring status quo ante","issue_type":"procedural","dispositive":"yes","related_facts":"Urgent nature of application; ongoing deprivation of possession"}
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background
Facts of the Case
Background
The applicant and first respondent entered into an oral lease agreement for a shop in 2010. On 22 November 2013, the first respondent prevented the applicant from accessing the shop, allegedly due to missing stock worth $15,362. The applicant sought urgent interim relief to restore her possession.
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