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Lease Agreements re: Approach and Essential Elements

HH88-09 : ALLIANCE FRANCAISE vs ADRIEN ORFORD and LESLEY ORFORD (T/A ALO ALO RESTAURANT)
Ruled By: PATEL J

The original lease agreement of 2006 was filed of record as Annexure A to the applicant's founding affidavit. In terms of the Second Clause, the lease “shall continue to run for the term or period of 36 months on and up to 31st December 2008”. The Third Clause stipulated the monthly rent for the first 12 ...
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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

The facts relevant to this dispute are as follows:The dispute centers around Dana Farm. This farm is now owned by the State after it was gazetted for resettlement under the land reform program.The first and second respondents are referred to on the papers as former owners of the farm, although ...
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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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HB48-11 : FORT GROUP ENTERPRISES (PVT) LTD vs BRIGHT INVESTMENTS (PVT) LTD
Ruled By: CHEDA J

In order for a lease agreement to be valid, the following essential elements should be present: 1) The parties must agree on the purpose of the contract, i.e that the leasor is to give and the leasee to receive the lease and enjoyment of property. See Kessler v Krogmann 1908 TS 290…,.; 2) The identity ...
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HB64-11 : ARJUN INVESTMENETS (PVT) LTD vs THOMAS MUTAMBIRWA and FLORENCE VENTER and SARAH NDLOVU and TENDAI CHIEZA and OTHERS
Ruled By: CHEDA J

The law regarding lease agreements is that, in return for the right to use and enjoy the property let to him/her, a leasee is under an obligation to pay rent. Rent is an essential element of a lease agreement. See Estate Ismail v Sayed 1965 (1) SA 393 (C)…,.. A tenant who occupies premises ...
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HH336-14 : IGNATIUS CHOMBO vs MARIAN CHOMBO (NEE MHLOYI)
Ruled By: MANGOTA J

It is taken as given that a lease confers upon the parties to it personal and not real rights….,. GOWORA J..., in Gwarada v Johnson Ors 2009 (2) ZLR 159 stated that: “A lessee of land acquires a personal right to possession of the land.”
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HH420-15 : BRIGHTON MBERI vs SAVIOUS MBEWE and NORTON TOWN COUNCIL
Ruled By: MAFUSIRE J

In Pedzisa v Chikonyora 1992 (2) ZLR 445 (SC) GUBBAY CJ had this to say…,:“It is trite that where a contract of lease contains prohibitions against sub-letting, cession or assignment, either absolutely or without the lessor's consent, a sub-lease, cession or assignment, entered into without title to do so, is ...
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HH62-14 : JOHANNES MAKONYE vs KENAE RAMODIMOOSI and ENTREDEV PROPERTY GROUP and C.H. LUKAS
Ruled By: CHIGUMBA J

This is an application in terms of section 34 of the Model Law as set out in the Second Schedule to the Arbitration Act [Chapter 7:15] for the setting aside of an arbitral award dated 23 February 2012, granted by the third respondent.The second respondent was the applicant's estate agent.At ...
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