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Harare High Court
Elnour United Engineering Group (Private) Limited v Minister of Industry and Commerce N.O. and Commercial and Industrial Rent Board Harare N.O. and Attorney General N.O.
HH 81-23
Case Details
Court
Harare High Court
Date
6 February 2023
Citation
HH 81-23
Neutral Citation
[2023] ZWHH 81
Outcome
unknown
Case Type
Application
Bench
Presiding
Chinamora J
Full Bench
Chinamora J
Areas of Law
Commercial lawAdministrative lawConstitutional law
Keywords
Commercial Premises (Rent) RegulationsStatutory tenancyUltra viresLease controlEviction
Tags
Commercial tenancyStatutory tenancyUltra viresConstitutional challenge
legislation
Statutes Cited
- Commercial Premises (Lease Control) Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Are sections 22 and 23 of the Commercial Premises (Rent) Regulations, 1983 ultra vires the Commercial Premises (Lease Control) Act [Chapter 14:04]?","issue_type":"law","dispositive":"yes","related_facts":"Regulations create statutory tenancy, limit eviction rights"}
- {"issue_text":"Do sections 22 and 23 violate constitutional rights?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims violation of sections 44, 56, 64, 71, and 86"}
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background
Facts of the Case
Background
The applicant, owner of Gulf Complex and Sunshine Bazaar shopping complexes, sought to evict three tenants after their leases expired on 31 December 2019. The tenants refused to vacate, claiming statutory tenancy protection under sections 22 and 23 of the Commercial Premises (Rent) Regulations, 1983. The applicant challenged the validity of these provisions.
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