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Masvingo High Court
Clemence Huruva & 7 Ors v SMM Holdings (Private) Limited (Under Reconstruction t/a SMM Properties)
HMA 26-21
Case Details
Court
Masvingo High Court
Date
19 May 2021
Citation
HMA 26-21
Neutral Citation
[2021] ZWHMA 26
Outcome
unknown
Case Type
Appeal
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO JZISENGWE J
Areas of Law
Property LawLandlord and Tenant Law
Keywords
evictionexpired leasestacit relocationarrear rentalsSMM Holdings
Tags
evictionlease agreementstacit relocationarrear rentals
legislation
Statutes Cited
- Rent Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the leases continued by tacit relocation after expiry","issue_type":"mixed","dispositive":"no","related_facts":"Continued occupation and rent acceptance after lease expiry"}
- {"issue_text":"Whether appellants were liable for arrear rentals as claimed","issue_type":"fact","dispositive":"no","related_facts":"Payment history and amounts claimed"}
- {"issue_text":"Whether eviction should be granted","issue_type":"law","dispositive":"yes","related_facts":"Expiry of leases, notice given"}
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background
Facts of the Case
Background
Appellants occupied houses owned by respondent under lease agreements that had expired. Respondent sought eviction and payment of arrear rentals. Magistrate granted eviction. Appellants appealed claiming tacit relocation of leases and disputing arrear rental amounts.
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