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Harare High Court
JCDECAUX ZIMBABWE (PRIVATE) LIMITED versus JONATHAN TAWONANA SAMUKANGE (1) and NAUSHADALI AKBERALI MERALI DEWJI (2) and ABBASALI MERALI (3)
HH 212-25
Case Details
Court
Harare High Court
Date
26 March 2025
Citation
HH 212-25
Neutral Citation
[2025] ZWHH 212
Outcome
unknown
Case Type
Application
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Civil ProcedureContract LawProperty Law
Keywords
frivolous and vexatiousrule 31(1)arrear rentalslandlord-tenant relationshipFalcon Golf Clubbillboard leaseabsolution from the instance
Tags
frivolous actionvexatious litigationbillboard advertisinglease agreementarrear rentals
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents' opposing affidavits were fatally defective due to improper commissioning","issue_type":"procedural","dispositive":"yes","related_facts":"Opposing affidavits did not clearly identify commissioner of oaths"}
- {"issue_text":"Whether the respondents' action for arrear rentals was frivolous and vexatious","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents admitted no permission was given; no contractual relationship existed"}
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background
Facts of the Case
Background
The applicant company operates advertising billboards and had leased land from Falcon Golf Club since 2012. The respondents claimed US$198,000 in arrear rentals alleging the billboard was on their property without permission. The applicant denied liability, stating it only had a contractual relationship with Falcon Golf Club. The applicant brought an application to dismiss the respondents' action as frivolous and vexatious.
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