TUNATEMORE PRINTERS (PVT) LIMITED v ORAGPLATE (PVT) LIMITED

Key Issues

• {"issue_text":"Whether the defendant has paid rent due to the plaintiff for the period from 1 May 2008 to date.","issue_type":"fact","dispositive":"yes","related_facts":"Rental payment history, amendment of claim"}
• {"issue_text":"Whether the defendant is entitled to remain in occupation of the plaintiff's property by reason of a lien.","issue_type":"law","dispositive":"yes","related_facts":"Defendant's claim of lien for improvements"}
• {"issue_text":"What improvements, if any, did the defendant effect to the plaintiff's property?","issue_type":"fact","dispositive":"yes","related_facts":"Evidence of improvements and construction"}
• {"issue_text":"Were the improvements authorised by the plaintiff?","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's denial of consent"}
• {"issue_text":"Were the improvements, in any event, approved by the Harare Municipality?","issue_type":"fact","dispositive":"yes","related_facts":"Lack of City Council approval"}
• {"issue_text":"What is the value of such improvements?","issue_type":"fact","dispositive":"yes","related_facts":"Evidence of value, builder vs valuer"}
• {"issue_text":"Is the defendant entitled to compensation in respect of these improvements?","issue_type":"law/mixed","dispositive":"yes","related_facts":"Defendant's counterclaim, legal requirements for compensation"}
• {"issue_text":"Whether the plaintiff is entitled to holding over damages.","issue_type":"law/mixed","dispositive":"yes","related_facts":"Lack of evidence on amount and period"}

Background