Valentine Ziswa and Margaret Ziswa v Graeme Shaun Chadwick and Landos Farm (Private) Limited

Key Issues

• {"issue_text":"Whether the non-variation clause in the lease agreement was waived by the parties' conduct.","issue_type":"law","dispositive":"yes","related_facts":"Chadwick's payment of rent at 8% and correspondence reflecting this rate."}
• {"issue_text":"Whether the second cross-respondent (Landos Farm (Private) Limited) was liable for the claims.","issue_type":"law","dispositive":"yes","related_facts":"The Company's involvement in operations and correspondence."}
• {"issue_text":"Whether the High Court erred in its assessment of witness credibility (Ziswa vs Chadwick).","issue_type":"fact","dispositive":"yes","related_facts":"The High Court's reliance on demeanour and its findings on Ziswa's greed and Chadwick's reliability."}
• {"issue_text":"Whether the High Court erred in dismissing the claim for rentals for the fourth season.","issue_type":"fact","dispositive":"yes","related_facts":"Calculation of gross tobacco realization and application of the 8% rate."}
• {"issue_text":"Whether the High Court erred in dismissing the claim for the value of developments in lieu of the centre pivot.","issue_type":"fact","dispositive":"yes","related_facts":"Status of the centre pivot as a permanent structure and value of other developments."}
• {"issue_text":"Whether the High Court erred in dismissing claims for missing and damaged property.","issue_type":"fact","dispositive":"yes","related_facts":"The valuator's evidence and the state of the property at exit."}
• {"issue_text":"Whether the High Court erred in dismissing claims for maize deliveries and tobacco seedlings.","issue_type":"law","dispositive":"yes","related_facts":"Terms of the JVA regarding maize and the status of seedlings as \"crop\"."}

Background