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Harare High Court
TOTAL ZIMBABWE (PRIVATE) LIMITED versus APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
HH 268-10
Case Details
Court
Harare High Court
Date
1 December 2010
Citation
HH 268-10
Neutral Citation
[2010] ZWHH 268
Outcome
unknown
Case Type
Trial
Bench
Presiding
KUDYA J
Full Bench
KUDYA J
Areas of Law
Landlord and TenantContract Law
Keywords
statutory tenancytacit relocationbreach of leasecancellationmulti-currency system
Tags
Lease AgreementEvictionArrear RentalsHolding Over Damages
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations
- Commercial Premises (Rent) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant breached the lease agreement by failing to pay rent from February 2009.","issue_type":"fact","dispositive":"yes","related_facts":"Non-payment of rent; knowledge of rental amount."}
- {"issue_text":"Whether the plaintiff is entitled to an order for ejectment and payment of arrear rentals and holding over damages.","issue_type":"law","dispositive":"yes","related_facts":"Breach of lease; continued occupation."}
- {"issue_text":"Whether the plaintiff pleaded the correct cause of action given the original lease had expired.","issue_type":"procedural","dispositive":"no","related_facts":"Expiry of original lease; continued occupation."}
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background
Facts of the Case
Background
The plaintiff, Total Zimbabwe (Private) Limited, sought to evict the defendant, Appreciative Investments (Private) Limited, from leased premises for non-payment of rent from February 2009 onwards. The defendant argued that the original lease had expired and that it was unaware of the specific rental amount demanded in foreign currency, using the multi-currency transition as an opportunity to renegotiate terms.
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