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Harare High Court
TM Supermarkets (Pvt) Ltd v Chadcombe Properties (Pvt) Ltd and Rockmount Trading (Pvt) Ltd
HH 179-2010
Case Details
Court
Harare High Court
Date
18 August 2010
Citation
HH 179-2010
Neutral Citation
[2010] ZWHH 179
Outcome
unknown
Case Type
Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Property LawLandlord and TenantCivil Procedure
Keywords
Lease agreementEviction orderInterim reliefUrgent applicationTriable issuesViva voce evidence
Tags
Lease disputeEvictionPossessionInterim relief
legislation
Statutes Cited
- No statutes were explicitly cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can resolve the dispute on papers without viva voce evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Material disputes of fact regarding occupation, bona fides, repairs, and equipment"}
- {"issue_text":"Whether the application route was appropriate given the disputes of fact","issue_type":"procedural","dispositive":"yes","related_facts":"Known disputes of fact at time of application filing"}
- {"issue_text":"Whether punitive costs should be awarded","issue_type":"costs","dispositive":"no","related_facts":"Genuine legal dispute but procedural errors made"}
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background
Facts of the Case
Background
Applicant TM Supermarkets entered into lease agreement with first respondent Chadcombe Properties for Stand 24A Chadcombe, Harare in January 2007. After alleged rent default, first respondent obtained eviction order which was set aside by High Court in March 2010. Meanwhile, first respondent entered into new lease with second respondent Rockmount Trading. Applicant filed urgent application seeking possession of premises and costs.
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