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Harare High Court

Park Street Properties (Private) Limited v Mottstreet Enterprises (Private) Limited and Tabeth Tawonameso

HH 846-17

Case Details

Court
Harare High Court
Date
20 December 2017
Citation
HH 846-17
Neutral Citation
[2017] ZWHH 846
Outcome
unknown
Case Type
Trial

Bench

Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Commercial LawProperty LawContract Law
Keywords
Lease cancellationRental arrearsHolding over damagesUnjust enrichmentEjectment
Tags
Lease agreementBreach of contractEvictionUnjust enrichment
legislation
Statutes Cited
  • None identified
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the lease cancellation was valid","issue_type":"mixed","dispositive":"yes","related_facts":"Rental arrears of US$655 as at 16 April 2015"}
  • {"issue_text":"Whether the defendants are entitled to damages for breach of an alleged 25-year lease agreement","issue_type":"law","dispositive":"yes","related_facts":"Alleged oral agreement from 2006, written agreement of 2012"}
  • {"issue_text":"Whether the defendants are entitled to compensation for unjust enrichment based on improvements","issue_type":"law","dispositive":"yes","related_facts":"Alleged improvements made to property"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff landlord sought cancellation of a lease agreement and eviction of the tenant defendant from commercial premises at 2 Park Street, Harare, alleging breach through rental arrears. The defendants counterclaimed for damages based on an alleged 25-year oral lease agreement and improvements made to the property.
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