Kandrick Investments v Rufaro Marketing (Private) Limited and Blessed Charakupa

HH 521-24

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Case Details

Court

Harare High Court

Date

14 November 2024

Citation

HH 521-24

Neutral Citation

[2024] ZWHH 521

Outcome

unknown

Case Type

Appeal

Bench

Presiding

TSANGA J

Full Bench

TSANGA JMUNANGATI-MANONGWA J

Areas of Law

Property LawContract Law

Keywords

evictionlease agreementsublettingrental paymentsforged documents

Key Issues

{"issue_text":"Whether the appeal is moot given that appellant was already evicted","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant evicted 19 March 2024"}
{"issue_text":"Whether grounds of appeal comply with Rule 31(4)(b) of Magistrates Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"12 grounds of appeal filed"}
{"issue_text":"Whether appeal challenges substantive eviction order or merely reasons","issue_type":"procedural","dispositive":"no","related_facts":"Grounds challenge factual findings"}

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background

Facts of the Case

Background

Appellant Kandrick Investments appealed against a Magistrate Court decision ordering its eviction from premises in Mbare. The appellant claimed to have a lease agreement with City of Harare, which the City denied. The City counterclaimed for eviction, arguing no lease existed and the appellant had no right to sublet. The appellant had initially sued second respondent Blessed Charakupa for rental arrears.

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