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Harare High Court
NAL Properties (Pvt) Ltd v N-Show Technologies (Pvt) Ltd
HH 127-21
Case Details
Court
Harare High Court
Date
24 March 2021
Citation
HH 127-21
Neutral Citation
[2021] ZWHH 127
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHINAMORA J
Full Bench
CHINAMORA JTSANGA J
Areas of Law
Property LawLandlord and Tenant Law
Keywords
evictionlease breachabsolution from instancecommercial premises regulationstacit renewal
Tags
evictionlease agreementcommercial premises regulations
legislation
Statutes Cited
- Magistrates Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether absolution from instance is appealable","issue_type":"procedural","dispositive":"no","related_facts":"Magistrate granted absolution from instance"}
- {"issue_text":"Whether the court a quo erred in applying Commercial Premises (Rent) Regulations","issue_type":"law","dispositive":"yes","related_facts":"Court applied regulations without parties addressing issue"}
- {"issue_text":"Whether the court based its decision on assumptions not founded on evidence","issue_type":"law","dispositive":"yes","related_facts":"Court assumed commercial use without evidence"}
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background
Facts of the Case
Background
The appellant landlord sought eviction of the respondent tenant from residential premises for alleged breach of lease agreement through non-payment of rent. The magistrate's court granted absolution from the instance, finding the lease had expired and the Commercial Premises (Rent) Regulations applied, requiring good and sufficient grounds for eviction which the appellant failed to prove.
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