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Harare High Court
LOCAL AUTHORITIES PENSION FUND (PVT) LTD versus MOONLIGHT PROVIDENT ASSOCIATES (PVT) LTD
HH 136-2010
Case Details
Court
Harare High Court
Date
14 July 2010
Citation
HH 136-2010
Neutral Citation
[2010] ZWHH 136
Outcome
unknown
Case Type
Application
Bench
Presiding
HUNGWJE J
Full Bench
HUNGWJE J
Areas of Law
Commercial lawProperty law
Keywords
Lease agreementsRental arrearsSummary judgmentOperating costs
Tags
Lease agreementSummary judgmentArrears
legislation
Statutes Cited
- High Court Rules, Order 10 Rule 1 (summary judgment where defendant has no bona-fide defence)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent has a bona fide defence to the applicant's claim for summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's denial of rental agreement, claim of overpayment, surrender of premises"}
- {"issue_text":"Whether rentals were fixed at US$9,000 per month from February 2009","issue_type":"mixed","dispositive":"no","related_facts":"Respondent's offer of US$9,000, applicant's acceptance, no payment made"}
- {"issue_text":"Whether the respondent made overpayments in Zimbabwe dollars","issue_type":"factual","dispositive":"no","related_facts":"Respondent's claim of overpayment, timing of claim, absence of prior complaint"}
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background
Facts of the Case
Background
The applicant leased premises to the respondent under three lease agreements for floors 4-7 of LAPF Centre. After the agreements expired, the respondent continued occupying the premises but failed to pay rent and operating costs from February 2009. The respondent offered to pay US$9,000 monthly rent which the applicant accepted, but no payments were made.
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