Bellevue Butchery (Pvt) Ltd & Anor v Honda Centre (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the magistrate erred in granting summary judgment when appellants had raised a bona fide defence","issue_type":"procedural","dispositive":"no","related_facts":"Appellants claimed to have settled arrears, challenged jurisdiction, disputed amount claimed"}
• {"issue_text":"Whether the court had jurisdiction despite arbitration clause in lease agreement","issue_type":"law","dispositive":"no","related_facts":"Clause 18.5 of lease agreement consented to jurisdiction of any Harare court"}
• {"issue_text":"Whether holding over damages and ejectment could be awarded","issue_type":"law","dispositive":"no","related_facts":"Clause 19 allowed holding over damages during dispute over cancellation"}
• {"issue_text":"Whether costs on attorney-client scale were justified","issue_type":"law","dispositive":"no","related_facts":"Clause 26 provided for attorney and client costs in event of breach"}

Background