PEACEY ESTATES (PVT) LTD v [Respondent name not fully visible in document]

HH 747-17

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Case Details

Court

Harare High Court

Date

1 January 2017

Citation

HH 747-17

Neutral Citation

[2017] ZWHH 747

Outcome

unknown

Case Type

Application

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Property LawEmployment LawLandlord and Tenant

Keywords

EjectmentCommercial premisesLease agreementEmployment terminationRetrenchmentHolding over damages

Key Issues

{"issue_text":"Whether there was a valid lease agreement between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged lease agreement dated 6th January 2012, C. Danckwerts as lessor, M Daka as lessee"}
{"issue_text":"Whether applicant has standing to eject respondent from the property","issue_type":"law","dispositive":"yes","related_facts":"Applicant admits it is not the owner of the property"}
{"issue_text":"Whether the property was donated to respondent","issue_type":"fact","dispositive":"no","related_facts":"Respondent's claim of donation in 2009, applicant's denial"}

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background

Facts of the Case

Background

Applicant sued respondent for ejectment from commercial premises at Chedgelow Farm and holding over damages. Respondent was formerly employed by applicant. Dispute exists over whether respondent occupies under a lease agreement (claimed by applicant) or as owner through donation (claimed by respondent). Employment was terminated by retrenchment.

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