Heiko Peter Horstmann v Garfield Investments (Private) Limited and Godfrey Makoni

Key Issues

• {"issue_text":"Whether the lease agreement terminated on 31 August 2005 or continued by tacit relocation","issue_type":"mixed","dispositive":"yes","related_facts":"No termination notice given; clause provided for automatic renewal"}
• {"issue_text":"Whether the first respondent is a statutory tenant entitled to protection under Commercial Premises (Rent) Regulations","issue_type":"law","dispositive":"yes","related_facts":"Continued occupation after lease expiry; rent payment history"}
• {"issue_text":"Whether the respondents breached the lease by failing to pay rent","issue_type":"fact","dispositive":"yes","related_facts":"Arrears accumulated; partial payment only after litigation"}
• {"issue_text":"Whether the applicant is entitled to eviction and costs on attorney-client scale","issue_type":"mixed","dispositive":"yes","related_facts":"Breach established; costs clause in lease"}

Background