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Harare High Court
Supline Investments (Private) Limited v Forestry Company of Zimbabwe
HH 76-2007
Case Details
Court
Harare High Court
Date
31 October 2007
Citation
HH 76-2007
Neutral Citation
[2007] ZWHH 76
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Property LawContract Law
Keywords
lease cancellationrental paymentevictionbreach
Tags
lease agreementevictionrental arrearsbreach of contract
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the admitted failure to pay rent for January 2007 entitled the applicant to cancel the lease","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment of January 2007 rent, lease cancellation on 24 January 2007"}
- {"issue_text":"Whether there were material disputes of fact requiring the matter to proceed by action rather than application","issue_type":"procedural","dispositive":"no","related_facts":"Disputes over rental amounts, role of CB Richard Ellis"}
- {"issue_text":"Whether the plea of lis alibi pendens should stay these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Matter pending before Rent Board"}
- {"issue_text":"Whether the applicant waived its rights by accepting payments after cancellation","issue_type":"law","dispositive":"no","related_facts":"Acceptance of payments after 24 January 2007 cancellation"}
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background
Facts of the Case
Background
The applicant, a property owning company, leased premises to the respondent. A dispute arose over rental payments, leading to the applicant cancelling the lease agreement on 24 January 2007, alleging rental arrears of $5,810,000. The applicant sought an eviction order.
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