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Harare High Court

Parkside Holdings (Pvt) Ltd v Londoner Sports Bar

HH 66-2005

Case Details

Court
Harare High Court
Date
3 August 2005
Citation
HH 66-2005
Neutral Citation
[2005] ZWHH 66
Outcome
unknown
Case Type
Application

Bench

Presiding
Patel J
Full Bench
Patel J
Areas of Law
Property LawCommercial Law
Keywords
lease terminationrent withholdingstatutory tenancyejectmentsummary judgment
Tags
lease agreementsummary judgmentejectmentrental arrears
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the founding affidavit substantially complied with Rule 64(2) of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Founding affidavit did not specify deponent's capacity"}
  • {"issue_text":"Whether respondent has bona fide defence to claim for ejectment","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent claims tendered rent and facilities blocked"}
  • {"issue_text":"Whether tenant entitled to withhold rent for partial deprivation of premises","issue_type":"law","dispositive":"yes","related_facts":"Respondent claims toilets and fire escape blocked"}
  • {"issue_text":"Whether ejectment can be granted by summary judgment","issue_type":"law","dispositive":"no","related_facts":"Respondent claims ejectment is unliquidated claim"}
  • {"issue_text":"Whether statutory notice to vacate required before ejectment","issue_type":"law","dispositive":"no","related_facts":"No separate notice given before summons"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant landlord sought summary judgment for ejectment and rental arrears against the respondent tenant. The lease agreement expired on 31 May 2004, but the respondent failed to pay rentals for June and July 2004. The respondent opposed the application claiming the applicant had blocked toilets and fire escape, and that rent was tendered but rejected.
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