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Harare High Court
Quick Travel Carriers (Private) Limited v Branco’s Panel Beaters (Private) Limited
HH 28-2008
Case Details
Court
Harare High Court
Date
27 February 2008
Citation
HH 28-2008
Neutral Citation
[2008] ZWHH 28
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chatukuta J
Full Bench
Chatukuta J
Areas of Law
Property lawCommercial lease lawStatutory tenancy
Keywords
Statutory tenantCommercial Premises (Rent) RegulationsLease cancellationHolding over damagesRent payment
Tags
Commercial leaseStatutory tenancyEjectmentHolding over damages
legislation
Statutes Cited
- Commercial Premises (Rent) Regulations, 1983
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant, as a statutory tenant, lost protection under section 22(2) of the Commercial Premises (Rent) Regulations by failing to pay rent timeously","issue_type":"law","dispositive":"yes","related_facts":"Defendant failed to pay $40 million by 1 January 2006 or within seven days thereafter"}
- {"issue_text":"Whether the plaintiff waived its right to ejectment by giving seven days to pay increased rent","issue_type":"law","dispositive":"no","related_facts":"Plaintiff gave seven days notice before instituting proceedings"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff landlord sought ejectment of the defendant tenant from commercial premises after lease expiry on 31 December 2005. The defendant remained in occupation as a statutory tenant but failed to pay the statutory rent of $40 million for January 2006 by the due date (1 January 2006) or within the seven-day grace period. The plaintiff claimed ejectment and holding over damages.
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