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Harare High Court

Yashpal Tandon and Mary Tandon v Nhamo J Chitimbe

HH 253-12

Case Details

Court
Harare High Court
Date
2012
Citation
HH 253-12
Neutral Citation
[2012] ZWHH 253
Outcome
unknown
Case Type
Trial

Bench

Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Property LawContract Law
Keywords
LeaseRentalBreachCancellationEvictionCounter-claim
Tags
Landlord and TenantLease AgreementEvictionArrear Rentals
legislation
Statutes Cited
  • N/A
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the defendant breached the lease agreement by failing to pay rentals.","issue_type":"fact","dispositive":"yes","related_facts":"Non-payment of rentals from April 2009; payment of less than the alleged agreed rent for Q1 2009."}
  • {"issue_text":"Whether the plaintiffs were entitled to cancel the lease and evict the defendant.","issue_type":"law","dispositive":"yes","related_facts":"Breach of lease agreement."}
  • {"issue_text":"What is the amount of arrear rentals owed by the defendant.","issue_type":"fact","dispositive":"yes","related_facts":"Agreed rental rate; payments made; months in default."}
  • {"issue_text":"Whether the defendant is entitled to a refund of US$10,000.","issue_type":"fact","dispositive":"yes","related_facts":"Alleged payment of deposit for property sale; lack of sale agreement; proof of payment."}
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background
Facts of the Case

Background

The plaintiffs, registered owners of a property in Harare, leased it to the defendant. They cancelled the lease due to non-payment of rentals and sued for eviction and arrear rentals. The defendant admitted the lease but claimed the payments were towards a future sale of the property and counter-claimed for a refund of a deposit.
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