WALKTALL (PVT) LTD v SHEPHERD TUNDIYA

HH 346-13

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Case Details

Court

Harare High Court

Date

16 September 2013

Citation

HH 346-13

Neutral Citation

[2013] ZWHH 346

Outcome

unknown

Case Type

Application

Bench

Presiding

HUNGWE J

Full Bench

HUNGWE J

Areas of Law

Property LawCivil Procedure

Keywords

Lease CancellationEjectmentArrear RentalsHolding Over DamagesStriking Out

Key Issues

{"issue_text":"Whether the defendant was in wilful default of attendance at the pre-trial conference","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's absence on 16 September 2013; claim of appearing in magistrate's court"}
{"issue_text":"Whether the plaintiff is entitled to striking out of defence and counter-claim","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's failure to comply with court directive under Rule 182"}
{"issue_text":"Whether the lease agreement should be cancelled and defendant ejected","issue_type":"law","dispositive":"yes","related_facts":"Arrear rentals; defendant's default"}

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background

Facts of the Case

Background

The plaintiff applied for default judgment after the defendant failed to attend a pre-trial conference. The defendant claimed to be appearing in another court but the court found this to be wilful default. The plaintiff sought cancellation of lease agreement, ejectment, arrear rentals, holding over damages, and costs.

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