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Harare High Court
Old Mutual Property Investment Corporation (Private) Limited v Metro International (Private) Limited
HH 50-08
Case Details
Court
Harare High Court
Date
18 June 2008
Citation
HH 50-08
Neutral Citation
[2008] ZWHH 50
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Commercial LawProperty LawContract Law
Keywords
Lease agreementShare transferBreachCancellationCommercial premises
Tags
Lease agreementBreach of contractShare transfer restrictionsCommercial premises
legislation
Statutes Cited
- Commercial Premises Rent Regulations, SI 676 of 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant validly cancelled the lease agreement due to breach of clause 32.3","issue_type":"mixed","dispositive":"yes","related_facts":"Share transfer without consent; ten days notice given"}
- {"issue_text":"Whether the respondent is protected as a statutory tenant despite the breach","issue_type":"law","dispositive":"yes","related_facts":"Continued payment of rent; breach of lease terms"}
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background
Facts of the Case
Background
The respondent breached clause 32.3 of a lease agreement by altering its shareholding without the applicant's prior written consent. The applicant cancelled the lease and sought eviction. The respondent admitted the breach but claimed it was an oversight and that the applicant had waived the breach by not objecting for two years.
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