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Lease Agreements re: Damages, Maintenance, Improvements, Negotiorum Gestio & Ownership of Fixtures and Fittings

Appealed
SC25-12 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GARWE JA and MAKARAU JA

This is an appeal against the judgment of the High Court sitting at Harare, handed down on 29 December 2010, in which the trial court absolved the defendant, now the respondent, from the instance, and also absolved the plaintiff, now the appellant, from the instance on the counter-claim, against which absolution the respondent has noted ...
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HB44-09 : MUSA MAPHOSA vs NDABA HLABANGANA
Ruled By: KAMOCHA J

The plaintiff's amended claim against the defendant was:- “(a) Payment in the sum of 4,310 South African Rands, being compensatory damages for repairs plaintiff effected at her own expense on the leased premises. (b) Interest at the prescribed rate on the 4,310 South African Rands from the 1st January 2006 to date of full payment; and (c) Costs ...
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Appealed
HB59-09 : DINESH MANILAL NARAN vs RONNAH MAFURIRANO and THE REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

The plaintiff in this matter seeks:-“1. An order to declare that the sale agreement executed between him and first defendant on the 30th of September 2001 on Stand 378, Gorebridge Road, Killarney, Bulawayo is still binding and effectual as between the parties;2. An order to compel the first defendant to ...
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HB106-09 : CHURCHVILLE TRADING vs BEVERLY BUILDING SOCIETY
Ruled By: KAMOCHA J

The plaintiff's claim against the defendant was for:- (a) The return from the defendant all the property mentioned in paragraph 6 of its declaration; (b) In the alternative, payment in the sum of $29,793,200= being the value of the property that the defendant's employees took unlawfully; (c) Interest a tempore morae from the date of service of summons to date of full ...
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HH90-10 : LOCAL AUTHORITIES PENSION FUND vs F & R TRAVEL TOURS AND CAR SALES (PVT) LTD and FREEJOY CHIGWIDA and RAPHAEL MAKWARA
Ruled By: MAKARAU JP

As PATEL J observes, a tenant is not entitled to withhold rentals except in a few and very limited instances: see Parkside Holdings (Private) Limited v Londoner Sports Bar HH66-05.
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HH197-10 : ABDULLAH ISMAIL KASSIM (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) vs MATTHEWS MUKWAWAYA
Ruled By: PATEL J

Evidence for the DefendantMatthews Mukwawaya is the defendant. His evidence was that he did not stop paying rentals but only suspended their payment because he was owed money for the repairs that he had effected to the property. In that regard, he produced quotations and receipts dating from October 2008 to October 2009…, reflecting his ...
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HH281-10 : MINING INDUSTRY PENSION FUND vs DAB MARKETING (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff's claim The plaintiff claimed for confirmation of the cancellation of the lease agreement, arrear rentals, holding over damages and interest on these amounts at the prescribed rate. The defendant averred that it was excused from paying the rentals by reason of the indebtedness incurred by the plaintiff in breach of the contract of lease. The evidence led by ...
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Appealed
SC71-18 : CURECHEM OVERSEAS (PVT) LTD vs VADAC PROPERTIES (PVT) LTD
Ruled By: GARWE JA, GUVAVA JA and MAKONI JA

This is an appeal against the whole judgment of the High Court sitting at Harare in which the court granted the respondent's claims for costs of repairs and for damages for loss of income following breach of a lease agreement between the parties. The judgment of the court a quo gives an in-depth outline of the facts of ...
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Appealed
SC71-18 : CURECHEM OVERSEAS (PVT) LTD vs VADAC PROPERTIES (PVT) LTD
Ruled By: GARWE JA, GUVAVA JA and MAKONI JA

THE LAW I now proceed to outline the law in respect of the first issue for determination in this appeal. In the South African case of Nedcor Bank Limited v Withinshaw Properties (Pty) Ltd (A591/01) [2002] ZAWCHC 29 (30 May 2002) the court said the following; “A lessee is obliged to restore the leased premises to the lessor in a good condition, or at ...
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HH98-16 : VADAC PROPERTIES [PRIVATE] LIMITED vs CURE CHEM OVERSEAS [PRIVATE] LIMITED
Ruled By: MAFUSIRE J

The plaintiff was the ex-landlord. The defendant was the ex-tenant. For close to ten years the defendant, an agro-industrial chemical wholesaler and distributor, had leased from the plaintiff certain industrial premises. The lease agreement said the defendant would use the premises for the storage and distribution of chemicals and allied products. It also provided that, at ...
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HB257-16 : VILLAGE PROPERTIES (PVT) LTD vs REGGIE SARUCHERA (as Liquidator of 2nd respondent) and JW JAGGERS WHOLESALERS (PVT) LTD (in liquidation)
Ruled By: MAKONESE J

The first respondent is the appointed liquidator of the second respondent...,. In pursuance of his duties as liquidator, the first respondent sought to sell certain fixtures, fittings and amenities to meet its financial obligations to its creditors. The fixtures and fittings are currently at two properties that the applicant was leasing to the second respondent before ...
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HH385-13 : WEBSTER RUSHESHA (guardian of Panashe and Tivonge Rushesha) and RASAR INV PL vs ALEXIOUS DERA and ZIMCOR TRUSTEES LTD and FRANK BUYANGA and BOKA INV PL and MATTHEW BOKA and ANOR
Ruled By: ZHOU J

The issues which were referred to trial are set out in the joint pre-trial conference minute as follows: 1….,. 2….,. 3….,. 4. Whether or not the plaintiffs have any claim for damages against the second to fifth defendants arising out of the structural alterations to the immovable property. If they have a claim, what the quantum of damages recoverable is….,. As regards ...
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SC145-21 : SARAH CARTER vs KATHLEEN MACINTOSH (Represented by Edward Warhurst, Executor of Estate Late Kathleen McIntosh) and ANOTHER
Ruled By: MAVANGIRA JA, BHUNU JA and CHATUKUTA AJA

During happier times, the first respondent leased her bird and game sanctuary to the appellant.Upon termination of the lease, the appellant lost the contest for ownership and possession of animals at the sanctuary in the High Court (the court a quo).She now appeals to this Court for relief.FACTUAL BACKGROUNDAt the ...
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