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Harare High Court
Barbra Chanaiwa v Viola Ngota
HH 257-2010
Case Details
Court
Harare High Court
Date
19 November 2010
Citation
HH 257-2010
Neutral Citation
[2010] ZWHH 257
Outcome
unknown
Case Type
Application
Bench
Presiding
Gowora J
Full Bench
Gowora J
Areas of Law
Property LawCivil Procedure
Keywords
evictionsummary judgmentrental arrearslease agreementarrear rentalsholding over damages
Tags
evictionsummary judgmentlease agreementrental arrears
legislation
Statutes Cited
- High Court Rules, r 64
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent has raised a bona fide defence to applicant’s claim for summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent admits owing US$1 200 but disputes US$1 600; alleges payment plan agreement; cites family funerals"}
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background
Facts of the Case
Background
The applicant leased premises to respondent under written lease from 30 June 2008 at US$300 monthly. Respondent paid only US$200 for July 2009 and nothing thereafter until December 2009. Applicant claims eviction and US$1 600 arrears plus holding-over damages. Respondent admits owing US$1 200 but disputes US$1 800, alleges she would have paid but for family funerals, and claims a new payment plan was agreed.
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