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Harare High Court
Art Corporation Limited t/a Chloride Zimbabwe versus Pencash Investments (Private) Limited and Adam Seni Abdula
HH 58-2011
Case Details
Court
Harare High Court
Date
2 March 2011
Citation
HH 58-2011
Neutral Citation
[2011] ZWHH 58
Outcome
unknown
Case Type
Application
Bench
Presiding
Mtshiya J
Full Bench
Mtshiya J
Areas of Law
Property LawLandlord and TenantContract Law
Keywords
Lease cancellationEviction proceedingsRental arrearsSuretyshipHolding over damages
Tags
Lease AgreementEvictionRental ArrearsHolding Over Damages
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent was in breach of the lease agreement entitling the applicant to cancel the agreement","issue_type":"law","dispositive":"yes","related_facts":"Late payments, rental arrears, lease cancellation"}
- {"issue_text":"Whether the applicant was entitled to the relief sought including eviction, arrears, and holding over damages","issue_type":"mixed","dispositive":"yes","related_facts":"Lease cancellation, outstanding payments, property occupation"}
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background
Facts of the Case
Background
The applicant, Art Corporation Limited, owned a property at No. 74 Douglas Road, Workington, Harare. The first respondent, Pencash Investments, was a tenant under a lease agreement from 1 June 2009 to 31 May 2010. The applicant cancelled the lease on 20 October 2009 due to alleged rental arrears and sought eviction, payment of arrears, and holding over damages. The second respondent had bound himself as surety for the first respondent's obligations.
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