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Bulawayo High Court
Property Plus Realtors (Pvt) Ltd v Prestbury Enterprises (Pvt) Ltd
HB 311/20
Case Details
Court
Bulawayo High Court
Date
22 January 2021
Citation
HB 311/20
Neutral Citation
[2020] ZWHB 311
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Property LawContract Law
Keywords
lease cancellationejectmentholding over damagesprescription of debtset-off
Tags
lease agreementevictionarrear rentalsprescription
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether lease agreement was validly cancelled due to defendant's breach","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's failure to pay rent, material breach"}
- {"issue_text":"Whether defendant is entitled to reimbursement for renovations","issue_type":"law","dispositive":"no","related_facts":"No agreement for reimbursement, defendant's admissions"}
- {"issue_text":"Whether plaintiff's claim for pre-August 2014 rentals has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Action instituted in September 2017"}
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background
Facts of the Case
Background
Plaintiff company leased premises to defendant company under written lease agreement dated 1 September 2010. Defendant fell into arrears with rent and operating costs. Plaintiff cancelled agreement and sought eviction and payment of arrear rentals. Defendant denied liability and counterclaimed for renovations. Plaintiff conceded prescription for rentals due before 31 August 2014.
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