TELONE (PVT) LTD v DENFARM PROPERTIES

HH 119-12

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Case Details

Court

Harare High Court

Date

14 February 2012

Citation

HH 119-12

Neutral Citation

[2012] ZWHH 119

Outcome

unknown

Case Type

Trial

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Property LawContract Law

Keywords

Lease cancellationRental defaultEviction orderSubletting breachOperating costs

Key Issues

{"issue_text":"Whether defendant was in breach of the lease agreement by failing to pay rent and operating costs","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's erratic payments, accumulated arrears of US$22,941.40"}
{"issue_text":"Whether defendant sublet the premises without plaintiff's consent","issue_type":"fact","dispositive":"yes","related_facts":"Allegations of unauthorized subletting"}
{"issue_text":"Whether plaintiff was entitled to cancel the lease agreement","issue_type":"law","dispositive":"yes","related_facts":"Breach of clauses 3.3 and 4.0 of lease agreement"}

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background

Facts of the Case

Background

The plaintiff, Telone (Pvt) Ltd, leased 584 square metres of office space to the defendant, Denfarm Properties, under a lease agreement dated 1 March 2008. After Zimbabwe adopted a multi-currency regime in February 2009, the parties agreed on a rental rate of US$1.75 per square metre. The defendant failed to pay rent and operating costs regularly, accumulating arrears of US$22,941.40 by February 2010. The plaintiff also alleged unauthorized subletting by the defendant.

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