UK ELECTRIAL (PRIVATE) LIMITED v COMMERCIAL AND INDUSTRIAL HOLDINGS (PRIVATE) LIMITED

HH 373-21

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Case Details

Court

Harare High Court

Date

15 July 2021

Citation

HH 373-21

Neutral Citation

[2021] ZWHH 373

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Contract LawConstitutional Law

Keywords

SubleaseRental ReviewArbitration ClauseRight to Information

Key Issues

{"issue_text":"Whether the matter should be referred to arbitration as per clause 4 of the agreement","issue_type":"procedural","dispositive":"no","related_facts":"The arbitration clause in the sublease agreement"}
{"issue_text":"Whether the applicant's papers disclose a cause of action","issue_type":"procedural","dispositive":"no","related_facts":"The nature of the relief sought (information disclosure)"}
{"issue_text":"Whether the applicant is entitled to the information sought regarding percentage increases in the main lease","issue_type":"law","dispositive":"yes","related_facts":"The contractual provisions for rental review based on main lease increases"}

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background

Facts of the Case

Background

The respondent is a tenant in a main lease agreement and sublet a portion of the premises to the applicant. The sublease agreement provides for rental reviews based on percentage increases applied by the primary landlord to the lessor. The applicant sought information from the respondent regarding the percentage by which the rent in the main lease was increased, which the respondent initially provided but the applicant doubted its accuracy and sought authentication.

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