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Bulawayo High Court

TOUCH THE SKY TOURS & DISTRIBUTORS (PVT) LTD t/a MODERN MOTORS SERVICE STATION v MODERN MOTORS LIMITED

HB 132/21

Case Details

Court
Bulawayo High Court
Date
8 July 2019
Citation
HB 132/21
Neutral Citation
[2019] ZWHB 132
Outcome
unknown
Case Type
Appeal

Bench

Presiding
TAKUVA J
Full Bench
TAKUVA JMabhikwa J
Areas of Law
Property LawContract Law
Keywords
LeaseRenewalNoticeStatutory TenantEjectment
Tags
Lease AgreementCommercial PropertyEviction
legislation
Statutes Cited
  • Commercial Premises (Rent) Regulations
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the notice of termination dated 27 March 2018 was valid in circumstances where a prior invalid notice had been given","issue_type":"law","dispositive":"yes","related_facts":"The giving of two notices, the first being invalid"}
  • {"issue_text":"Whether the appellant became a statutory tenant upon expiry of the original lease term on 31 January 2018","issue_type":"law","dispositive":"yes","related_facts":"The automatic renewal of the lease and the appellant's continued occupation"}
  • {"issue_text":"Whether the court a quo erred by failing to determine if good and sufficient grounds existed for repossession under the Commercial Premises (Rent) Regulations","issue_type":"law","dispositive":"no","related_facts":"The appellant's claim of being a statutory tenant"}
  • {"issue_text":"Whether the respondent was automatically entitled to evict the appellant upon expiry of the notice period","issue_type":"law","dispositive":"no","related_facts":"The expiry of the notice period and the appellant's refusal to vacate"}
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background
Facts of the Case

Background

The respondent leased commercial property to the appellant for a three-year term ending 31 January 2018. The lease contained an automatic renewal clause requiring two months' notice for termination. The respondent gave a defective notice in November 2017, which was found void. A second, valid notice was given in March 2018, and the appellant refused to vacate, arguing it had become a statutory tenant.
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