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Harare High Court

Abisha Maurano v City of Harare

HH 26-22

Case Details

Court
Harare High Court
Date
12 January 2022
Citation
HH 26-22
Neutral Citation
[2022] ZWHH 26
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Property LawContract Law
Keywords
leaseevictioninterdictsublettingbreach of contract
Tags
lease agreementevictioninterdict
legislation
Statutes Cited
  • Urban Councils Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to an interdict preventing eviction when the respondent served notice on entities not party to the lease","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant signed lease personally; notice addressed to different names; annexures in third-party names"}
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background
Facts of the Case

Background

The applicant, a natural person, leased Stand 3191 Bluffhill Township from the respondent local authority for five years with an option to purchase. The respondent served a 48-hour notice to vacate on entities named "Honour and Grace Technologies H20 Car Sales/Zeyn Khan" which the applicant claimed were his trade names. The applicant sought an interdict to prevent eviction, demolition and asset impoundment, alleging breach of lease and fear of irreparable harm.
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