TM SUPERMARKETS (PVT) LTD v VENTURAS & SAMUKANGE

HH 30-2010

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Case Details

Court

Harare High Court

Date

9 March 2010

Citation

HH 30-2010

Neutral Citation

[2010] ZWHH 30

Outcome

unknown

Case Type

Appeal

Bench

Presiding

PATEL J

Full Bench

PATEL JOMERJEE J

Areas of Law

Contract LawProperty Law

Keywords

LeaseRentalBreachCancellationPayment

Key Issues

{"issue_text":"Whether the court a quo erred in finding that the lease agreement entitled the respondent to cancel the lease after the breach complained of had been rectified","issue_type":"law","dispositive":"yes","related_facts":"Payment of outstanding rentals on 8 June 2009, acceptance of payment by respondent"}
{"issue_text":"Whether clause 18(c) of the agreement entitled the respondent to accept rectification and still proceed to cancel the agreement","issue_type":"law","dispositive":"yes","related_facts":"Clause 18 of lease agreement, acceptance of payment, subsequent cancellation"}

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background

Facts of the Case

Background

The respondent's lawyers wrote to the appellant indicating a breach of the lease agreement regarding non-payment of rentals since January 2009, demanding payment within 14 days. The appellant made payment on 8 June 2009, within the stipulated time. Despite this rectification, the respondent proceeded to cancel the lease agreement, which the magistrate upheld.

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