John Sisk & Son Zimbabwe (Private) Limited versus Altem Enterprises (Private) Limited and Ignatius Munemgwa

HH 83-2011

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Case Details

Court

Harare High Court

Date

31 March 2011

Citation

HH 83-2011

Neutral Citation

[2011] ZWHH 83

Outcome

unknown

Case Type

Trial

Bench

Presiding

PATEL J

Full Bench

PATEL J

Areas of Law

Landlord and TenantContract LawProperty Law

Keywords

EvictionStatutory tenancyHolding over damagesBreach of leaseSublettingFair rentCommercial premises

Key Issues

{"issue_text":"Whether the plaintiff lawfully terminated the statutory tenancy and is entitled to vacant possession of the premises.","issue_type":"mixed","dispositive":"yes","related_facts":"Subletting without consent, derisory rent payment, lack of 14-day notice, genuineness of need for premises"}
{"issue_text":"Whether the plaintiff is entitled to holding over damages as claimed or at all.","issue_type":"mixed","dispositive":"yes","related_facts":"Fair rental value, area occupied, market comparables"}

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Facts of the Case

Background

The plaintiff, John Sisk & Son Zimbabwe (Pvt) Ltd, sought eviction of the defendants from its premises on Arcturus Road, Harare, and holding over damages after the lease expired in 2008. The 1st defendant, Altem Enterprises, remained in occupation under a statutory tenancy but failed to pay rent properly, including a derisory tender of ZW$1 for 24 months. The court found that while the plaintiff’s claim of requiring the premises for its own use was not genuine, the 1st defendant materially breached the lease by subletting without consent and failing to pay fair rent, entitling the plaintiff to cancel the lease and seek eviction.

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