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Harare High Court
Brenda Carol Leeper N.O and John Jones v Ray Mond Nyambiya and Petronila Rufaro Nyambiya
HH 379-17
Case Details
Court
Harare High Court
Date
21 June 2017
Citation
HH 379-17
Neutral Citation
[2017] ZWHH 379
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Property LawContract Law
Keywords
Lease cancellationNon-payment of rentEviction orderNovation defence
Tags
Lease agreementEvictionRental arrearsNovation
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the lease agreement was validly cancelled due to non-payment of rentals","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment since January 2013, clause 20 breach provision"}
- {"issue_text":"Whether a novation agreement existed replacing the rental obligations","issue_type":"law","dispositive":"yes","related_facts":"Alleged agreement about human remains, offset of rentals"}
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background
Facts of the Case
Background
The applicants sought cancellation of a lease agreement and eviction of respondents from their property due to non-payment of rentals since January 2013. The respondents claimed a novated agreement existed where they would keep human remains found on the property in exchange for rental offset, but failed to prove this agreement.
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