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Harare High Court
Mining Industry Pension Fund v Cohen Chipunza
HH 126-21
Case Details
Court
Harare High Court
Date
23 March 2021
Citation
HH 126-21
Neutral Citation
[2021] ZWHH 126
Outcome
unknown
Case Type
Stated Case
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Commercial LawContract LawProperty Law
Keywords
suretyco-principal debtorlease expiryautomatic renewalstatutory tenant
Tags
suretyshiplease agreementstatutory tenancyautomatic renewal
legislation
Statutes Cited
- Prescribed Rate of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the expiry of the lease agreement on 31 December 2015 excused the defendant from liability as surety","issue_type":"law","dispositive":"yes","related_facts":"Lease expiry date, automatic renewal clause, continued occupation"}
- {"issue_text":"Whether the defendant is liable under the deed of suretyship for obligations accumulated after 31 December 2015","issue_type":"law","dispositive":"yes","related_facts":"Automatic renewal clause, suretyship wording, post-expiry defaults"}
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background
Facts of the Case
Background
The plaintiff, a pension fund, leased property to Future Generations (Pvt) Ltd under a one-year lease commencing 1 January 2015 and terminating 31 December 2015, with automatic renewal provisions. The defendant signed a deed of suretyship binding himself as surety and co-principal debtor. After lease expiry, the company remained in occupation as statutory tenant, defaulted on rent, and was evicted following judgment in HC 546/17. The plaintiff then sued the defendant as surety for the outstanding amounts.
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