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All Cases/Harare High Court/2010

Harare High Court

Mining Industry Pension Fund v DAB Marketing (Private) Limited

HH 281-10

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Case Details

Court

Harare High Court

Date

29 December 2010

Citation

HH 281-10

Neutral Citation

[2010] ZWHH 281

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Contract lawProperty lawCommercial litigation

Keywords

Lease cancellationArrear rentalsHolding over damagesRoof repairsGutter maintenancePharmaceutical manufacturingContamination

Key Issues

{"issue_text":"Whether plaintiff breached lease agreement by failing to maintain roof/gutters","issue_type":"mixed","dispositive":"no","related_facts":"Internal gutters leaked; plaintiff notified but failed to repair"}
{"issue_text":"Whether defendant suffered damages from breach","issue_type":"fact","dispositive":"no","related_facts":"Manufacturing ceased; claimed lost profits"}
{"issue_text":"Quantum of damages suffered by defendant","issue_type":"fact","dispositive":"yes","related_facts":"US$170,000 claimed; no expert financial evidence led"}
{"issue_text":"Whether defendant entitled to rent abatement under clause 24(b)","issue_type":"law","dispositive":"yes","related_facts":"Premises partially unusable due to leaks"}

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background

Facts of the Case

Background

The plaintiff landlord sued the defendant tenant for cancellation of a lease agreement, arrear rentals and eviction. The defendant counterclaimed for damages alleging breach of lease obligations to maintain the roof and gutters, causing leaks that forced cessation of pharmaceutical manufacturing. Both claims failed due to insufficient proof of quantified damages.

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