Aaron Nyarugwe v Dharwizi Transport (Private) Limited

[ISSUES] - issue_text: Whether the magistrate erred in holding that the plaintiff had powers to evict the defendant from the premises issue_type: law related_facts: Respondent had lease agreement with owner, appellant was not party to lease dispositive: yes - issue_text: Whether the defendant became a statutory tenant when the plaintiff entered into lease for whole shop issue_type: law related_facts: No lease agreement between appellant and owner, appellant was sub-tenant dispositive: yes - issue_text: Whether the lease agreement creates personal rights not enforceable against third parties issue_type: law related_facts: Lease agreement between respondent and owner only dispositive: yes - issue_text: Whether the plaintiff had duty to pay holding over damages to defendant issue_type: law related_facts: Lease prohibited subletting, appellant not party to lease dispositive: yes

The applicant was employed as a driver by the respondent. While on duty, he was involved in a road traffic accident that resulted in damage to the employer's vehicle. The respondent terminated his employment and refused to pay compensation, alleging culpability for the accident. The matter was referred to the Labour Court to determine whether the dismissal was fair and if compensation was owed.