Curechem Overseas (Pvt) Ltd v Vadac Properties (Pvt) Ltd

SC 71/18

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Case Details

Court

Supreme Court

Date

30 October 2018

Citation

SC 71/18

Neutral Citation

[2018] ZWSC 71

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makoni JA

Full Bench

Garwe JAGuvava JAMakoni JA

Areas of Law

Contract LawProperty Law

Keywords

Lessee obligationsPremises repairChemical damageLoss of rental income

Key Issues

{"issue_text":"Whether the court a quo erred in finding that the appellant failed to leave the premises in the ‘same good order, fair wear and tear excepted,’ taking into account the use and age of the premises.","issue_type":"mixed","dispositive":"yes","related_facts":"Chemical penetration depth, use for chemical storage, acceptance of BCHOD report, appellant’s admission of damage"}
{"issue_text":"Whether the court a quo erred in awarding the claim for damages for loss of rental income.","issue_type":"law","dispositive":"yes","related_facts":"RPAZ report, five-month vacancy, tenant offers, health risks"}

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background

Facts of the Case

Background

The appellant leased industrial premises from the respondent for chemical storage from 2004 to 2013. Upon termination, the respondent claimed the premises were returned in a damaged state beyond fair wear and tear due to chemical spillage, necessitating costly repairs and a five-month delay in re-letting. The High Court awarded damages for repair costs and lost rental income. The appellant appealed, arguing the damage was within fair wear and tear and that the loss was not properly mitigated.

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