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Damages re: Holding Over Damages

HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH11-10 : NABANE ROY TSHUMA vs TONGAI MUSEMBURI and TENDAI MUSEMBURI and MACKSON TOTSHANE NCUBE and THE REGISTRAR OF DEEDS
Ruled By: KARWI J

Besides his prayer for eviction, the plaintiff said he was claiming $1,366,863= for the rates he paid and $227,623,150= as holding over damages. Mr. Mlauli Mpofu, who is a registered Estate Agent, also gave evidence in support of the rentals being claimed as holding over damages by the plaintiff. He said he had done an appraisal of ...
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HH53-10 : BERNARD SIMBANOUTA GATAWA vs W. NKATAZO
Ruled By: BHUNU J

The defendant, however, continued to occupy the disputed premises for February 2009 when the country adopted multi currency as its official currency after the demise of the local currency. The plaintiff is surely entitled to holding over damages arising from the defendant's continued use of the premises from February 2009 to the date the defendant vacates the ...
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HH102-10 : OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE (PVT) LTD vs PETER RAFTOPOLOUS t/a SELECTIONS
Ruled By: MTSHIYA J

On the issue of holding over damages, counsel for the plaintiff submitted that although the defendant continued to make rental payments the plaintiff was entitled to retain the same as the tenant was still unlawfully holding over to the premises after having been given notice to vacate the premises as far back as 30 May ...
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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

(1). ....,. (2). ...,. (3). ...,. (a) ...,. (b) Holding over damages in the sum of US$200= per month, or such pro rata portion thereof, from 1 March 2010 to the date on which vacant possession of the foresaid premises is given to the plaintiff; (c) Interest on the above sums a tempore morae at the prescribed rate;
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HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

In argument, counsel for the plaintiff prayed for judgment in the sum of US$350= per month for both arrear rentals and holding over damages….,. The evidence of Ronald Mhlanga demonstrated that the rental of US$350= per month demanded by the plaintiff was fair and reasonable for the premises that are situated in the Central Business District of ...
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HH114-13 : JASSAT, MAHOMED AND ESSOF (PVT) LTD vs OAKVIEW INVESTMENTS (PVT) LTD
Ruled By: ZHOU J

The holding over damages in the sum of US$166=66 are based on the rent which the respondent was paying at the time that the proceedings were instituted. That amount has not been challenged by the respondent. As the respondent was supposed to vacate the premises by 31 July 2012, the damages will be calculated ...
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HH177-11 : J. MAMBARA N.O. (in his capacity as executor dative of the estate of the late Wilson Madziva) vs CAROLINE KUNAKA and BOBBY MANGODZA and OTHERS
Ruled By: MUTEMA J

Whether the first defendant is entitled to holding over damages This was claimed in the counter claim, and, like for the claim for eviction…, the plaintiff failed to file any plea thereto with the result that the court can still enter default judgment in favour of the first defendant on that basis. Over and above that, ...
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HB179-13 : PHILEMON N. MABUZA vs CHARLES NYATHI
Ruled By: MUTEMA J

The norm regarding holdover damages is that they are always equivalent to the periodic rent payable as per the lease. After payment of two heifers on 1 January 2008 the next rent of two heifers was due on 1 January 2009 and 1 January 2010, then 1 January, 2011 then 1 January, 2012 and 1 ...
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HH25-14 : STEVEN VHAVHA vs MSIZI DUBE and THE DIRECTOR OF HOUSING, CHITUNGWIZA and MUNICIPALITY OF CHITUNGWIZA and NANCY KUTYAURIPO
Ruled By: CHITAKUNYE J

The plaintiff sought an order for holding over damages. From the evidence adduced in court, no denial was made that the plaintiff is entitled to holding over damages if he succeeds on the other claim. The first defendant's contention was on the quantum of which he said the property is fetching 150= United States dollars per ...
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HH485-13 : LOVENESS KUDZANGA vs GODFREY KUDZANGA and THE REGISTRAR OF DEEDS and DEPUTY SHERIFF HARARE
Ruled By: MAWADZE J

The first defendant is also claiming holding over damages, from the date of the expiry of the three months notice, from the plaintiff and her husband….,. I am…, not satisfied that the first defendant has proved the holding over damages claimed. The onus to prove this amount rests with the first defendant. In his pleadings, the first defendant simply ...
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Appealed
SC12-20 : ZIMASCO (PVT) LTD vs CASPER TSVANGIRAI and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS BULAWAYO
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

With respect to the holding over damages and the arrear rental, the appellant has to lead evidence to prove the amounts claimed. They cannot be accepted on his mere say so.
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HH321-17 : NORMAN MAFERERA vs SUSAN JANUARY
Ruled By: MATANDA-MOYO J

The plaintiff instituted eviction proceedings against the defendant before this court. He claimed for the eviction of the defendant from Stand No.936 Glen Norah Township, Harare and holding over damages of $330 per month from the date of summons to date of vacation. The plaintiff also sought an order for ...
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HB129-15 : LIZNET MPOFU vs ENOCK B. MPOFU
Ruled By: MAKONESE J

The applicant purchased House Number 24733 Gundwane Road, Pumula North, Bulawayo, at a public auction on 2 October 2013. The sale was conducted by the Deputy Sheriff Bulawayo pursuant to a judgment debt against the respondent involving a third party.The applicant duly paid the purchase price in the sum of ...
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Appealed
SC87-19 : PRECIOUS CHIPUNZA vs MOSLEY MASHINGAIDZE
Ruled By: PATEL JA, BHUNU JA and BERE JA

This is an appeal against the decision of the High Court granting an order evicting the appellant and requiring him to pay holding over damages and costs of suit.The respondent alleged that he was the registered owner of the property in question, situated in Meyrick Park, Harare, and that the ...
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HH211-18 : MOSLEY MASHINGAIDZE vs PRECIOUS CHIPUNZA
Ruled By: MATANDA-MOYO J

The plaintiff sued the defendant by way of summons for the following relief;(a) An order evicting the defendant and all those claiming occupation through him from the plaintiff's premises known as Number 20 Saint Stephens Road, Meyrick Park, Harare;(b) Holding over damages in the sum of $500 per month with ...
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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

This dispute came before me as a trial matter. The parties agreed to dispense with the need to call oral evidence there being no disputes of fact arising from the facts. Thereafter, the parties filed heads of argument and a Statement of Agreed Facts. After argument, the court granted the ...
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SC40-15 : INDIUM INVESTMENTS (PVT) LTD vs KINGSHAVEN (PVT) LTD and DANIEL SHUMBA and LINDA SHUMBA
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GOWORA JA, HLATSHWAYO JA and MAVANGIRA AJA

On 28 February 2008, under case no. HC1239/08, the appellant caused summons to be issued against the respondents seeking an order for the cancellation of a lease, and, consequent thereto, the eviction of the respondents from the leased premises.On 10 December 2008, a second summons was issued by the appellant ...
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HH413-18 : LAFARGE CEMENT (ZIMBABWE) LIMITED vs MUGOVE CHATIZEMBWA
Ruled By: MATHONSI J

The applicant seeks summary judgment for the eviction of the respondent and all those claiming occupation through him from residential premises known as No.16 West Estate, Lafarge Cement in Greendale, Harare.When the respondent received the eviction summons in HC9669/17 in which the applicant sought to vindicate against the respondent, it ...
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SC138-21 : DIVVYLAND INVESTMENTS (PRIVATE) LIMITED vs DAVID CHIWEZA
Ruled By: PATEL JA, GUVAVA JA and BHUNU JA

This is an appeal against the whole judgment of the High Court which was handed down on 10 April 2019. The gripe of the appellant is that the court a quo dismissed its claim and granted an order in favour of the respondent's counter-claim.BACKGROUND FACTSThe facts of the matter which ...
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HB53-15 : ZB BUILDING SOCIETY vs TAKESURE MASANZU
Ruled By: MOYO J

The defendant wants to take the court in a long meandering route destined nowhere. He is merely wasting the court's time and is indeed abusing court process in my view.He knows that he entered into a lease agreement with the plaintiff, defaulted on rentals, and then decide to come up ...
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