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Harare High Court
Old Mutual Life Assurance Company Zimbabwe (Pvt) Ltd v Peter Raftopolous t/a Selections
HH 102-2010
Case Details
Court
Harare High Court
Date
23 June 2010
Citation
HH 102-2010
Neutral Citation
[2010] ZWHH 102
Outcome
unknown
Case Type
Trial
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Property LawLandlord and TenantCommercial Law
Keywords
EjectmentLease agreementStatutory tenantOwn use requirementHolding over damages
Tags
EjectmentLease disputeCommercial premisesStatutory tenant
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff requires the premises for its own use?","issue_type":"mixed","dispositive":"yes","related_facts":"Notice given, CABS relationship, rental negotiations, defendant's refusal to pay foreign currency"}
- {"issue_text":"Whether the plaintiff is entitled to holding over damages?","issue_type":"law","dispositive":"yes","related_facts":"Defendant's continued occupation, rental payments made"}
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background
Facts of the Case
Background
The plaintiff sought ejectment of the defendant from commercial premises after the lease expired on 31 March 2008. The plaintiff claimed it needed the premises for its own use through its subsidiary CABS, while the defendant alleged this was a pretext to evict him for refusing to pay rent in foreign currency.
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