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Harare High Court
U-TOW TRAILERS (PVT) LTD versus CITY OF HARARE and SUPERLUX TRAILERS (PVT) LTD
HH 05/11
Case Details
Court
Harare High Court
Date
19 January 2011
Citation
HH 05/11
Neutral Citation
[2011] ZWHH 5
Outcome
unknown
Case Type
Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Property LawCivil Procedure
Keywords
leasesubleasebreach of contractexecution pending appealbalance of convenience
Tags
lease agreementejectmentexecution pending appeal
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to execute judgment pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding the lease, sublease, and appeal"}
- {"issue_text":"Whether the 2nd respondent has prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Validity of sublease and lease agreements"}
- {"issue_text":"Where the balance of convenience lies","issue_type":"mixed","dispositive":"yes","related_facts":"Length of occupation and prejudice to parties"}
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background
Facts of the Case
Background
The applicant and 1st respondent entered into a lease agreement in 1994. The applicant entered into a joint venture with the 2nd respondent in 2008, which failed. The 1st respondent terminated the lease agreement in January 2009, alleging sublease breach, and leased the premises to the 2nd respondent. The applicant successfully nullified the termination in HH 103/09, and the 2nd respondent appealed.
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