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Harare High Court
Francis Ndowa v Godfrey Anyiga Adebe and T Anyiga Adebe
HH 264-10
Case Details
Court
Harare High Court
Date
2 December 2010
Citation
HH 264-10
Neutral Citation
[2010] ZWHH 264
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Property LawLandlord and Tenant Law
Keywords
evictionleasestatutory tenantrent board certificateejectment
Tags
evictionlease agreementstatutory tenantrent board
legislation
Statutes Cited
- Rent Regulations 2007
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can entertain defences against a rent board eviction certificate","issue_type":"procedural","dispositive":"yes","related_facts":"Rent board issued eviction certificate; second respondent did not appeal"}
- {"issue_text":"Whether the respondents are entitled to remain in occupation despite the eviction certificate","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents failed to vacate; no appeal filed against rent board decision"}
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background
Facts of the Case
Background
The applicant leased immovable property to the respondents under a lease agreement that terminated on 31 August 2006. After a dispute, the parties settled that the lease would continue until 30 December 2008, after which the respondents would vacate. The respondents failed to vacate, leading the applicant to obtain an eviction certificate from the Northern Region Rent Board on 9 April 2009, effective 1 May 2009. The applicant now seeks a court order for eviction.
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