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Harare High Court
Sunspike Distributors (Pvt) Limited v Drafter Distributors
HH 58-2005
Case Details
Court
Harare High Court
Date
13 July 2005
Citation
HH 58-2005
Neutral Citation
[2005] ZWHH 58
Outcome
unknown
Case Type
Application
Bench
Presiding
Kamocha J
Full Bench
Kamocha J
Areas of Law
Property LawLandlord and Tenant Law
Keywords
lease renewaloption clauseevictionstatutory tenantexecution pending appeal
Tags
lease agreementevictionoption to renewexecution pending appeal
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent validly exercised option to renew lease","issue_type":"mixed","dispositive":"yes","related_facts":"Clause 5 requirement; notice dated 11 October 2004; lease expiry 31 December 2004"}
- {"issue_text":"Whether applicant entitled to execute judgment pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal lodged; appeal appears to be delaying tactic"}
- {"issue_text":"Whether respondent became statutory tenant","issue_type":"law","dispositive":"no","related_facts":"Lease expired; respondent remained in occupation"}
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background
Facts of the Case
Background
The applicant landlord sought to evict the respondent tenant from Shop 3, Corner 5 South Avenue and Angwa Street, Harare after the tenant failed to exercise its option to renew the lease timeously. The tenant purported to renew on 11 October 2004, which was out of time, and refused to vacate despite proper notice. The applicant had itself been evicted from its own premises and needed the shop for its business.
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