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Harare High Court
Kingdom Calls (Pvt) Ltd v Sunseeker (Pvt) Ltd
HH 301-12
Case Details
Court
Harare High Court
Date
18 July 2012
Citation
HH 301-12
Neutral Citation
[2012] ZWHH 301
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Commercial lawProperty law
Keywords
Commercial premisesMooring agreementHarbour rentalBoat storage
Tags
Commercial premisesMooring contractHarbour operations
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the harbour premises constitute \"commercial premises\" as defined in the Commercial Premises (Rent) Regulations 1983","issue_type":"mixed","dispositive":"yes","related_facts":"Monthly payments for mooring space, operation of commercial facilities at harbour, business activities conducted by boat owners"}
- {"issue_text":"Whether the applicant validly terminated the mooring agreement","issue_type":"law","dispositive":"no","related_facts":"Terms of mooring agreement, notice requirements"}
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background
Facts of the Case
Background
The applicant operates Marineland harbour at Lake Kariba under lease from African Sun Limited and entered into a mooring agreement with the respondent in December 2006. The applicant sought a declaration that the harbour was not commercial premises under the Commercial Premises (Rent) Regulations and that it had validly terminated the mooring agreement, while the respondent contended that the arrangement constituted a commercial lease relationship.
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