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Harare High Court
Simon Chinyadza Muchakwanya Kuture v Martin Mugocha
HH 451-18
Case Details
Court
Harare High Court
Date
2 August 2018
Citation
HH 451-18
Neutral Citation
[2018] ZWHH 451
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE JNDEWERE J
Areas of Law
Property LawCivil Procedure
Keywords
lease agreementrental arrearsnotice of appealmagistrates court rulessecurity deposit
Tags
lease agreementrental disputedefective notice of appeal
legislation
Statutes Cited
- Magistrates Court (Civil Rules) 1980
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the notice of appeal complies with mandatory requirements of Order 31 r 2 of Magistrates Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal failed to state whether whole or part of judgment appealed against; failed to tender security for costs"}
- {"issue_text":"Whether the appeal should be struck off for defective notice","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal fatally defective and incurably bad"}
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background
Facts of the Case
Background
The appellant leased his shop to the respondent for $800 per month. The appellant sued for $3,050 in rental arrears. The respondent denied owing the amount and counterclaimed for return of his $800 security deposit. The magistrate granted absolution from the instance, finding neither party had proved their claim on balance of probabilities.
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