Ashanti Goldfields Zimbabwe Limited t/a Freda Rebecca Mine v Nyasha Mutengwa

HH 271/13

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Case Details

Court

Harare High Court

Date

5 September 2013

Citation

HH 271/13

Neutral Citation

[2013] ZWHH 271

Outcome

unknown

Case Type

Application

Bench

Presiding

Mawadze J

Full Bench

Mawadze J

Areas of Law

Property LawCivil Procedure

Keywords

summary judgmentevictionlease agreementoption to purchaserent-to-buy

Key Issues

{"issue_text":"Whether the respondent raised a prima facie defense to the eviction application","issue_type":"procedural","dispositive":"yes","related_facts":"Lease agreement with option to purchase, rent-to-buy deductions, acknowledgment of payments"}
{"issue_text":"Whether the lease agreement constituted a sale agreement","issue_type":"mixed","dispositive":"no","related_facts":"Clause 3 option to purchase, rent-to-buy labeling, acknowledgment of purchase payments"}

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background

Facts of the Case

Background

The applicant employer sought eviction of the respondent former employee from company house no. 1131 Chipadze Township, Bindura. The respondent claimed he had purchased the house through a "rent-to-buy" scheme where monthly rentals were deducted from his salary over 67 months, exceeding the 60-month period required to exercise the option to purchase.

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