TOTAL ZIMBABWE (PRIVATE) LIMITED v DUMISANI NCUBE t/a TOTAL FIFE STREET SERVICE STATION

HB 100/23

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Case Details

Court

Bulawayo High Court

Date

8 June 2023

Citation

HB 100/23

Neutral Citation

[2023] ZWHB 100

Outcome

unknown

Case Type

Trial

Bench

Presiding

TAKUVA J

Full Bench

TAKUVA J

Areas of Law

Contract LawProperty Law

Keywords

Tacit RenewalEvictionMarketing Licence AgreementService StationBreach of Contract

Key Issues

{"issue_text":"Whether or not the Marketing Licence Agreement for the period of June 2018 to 31st May 2019 was renewed","issue_type":"fact","dispositive":"yes","related_facts":"Expiry of MLA, visit by Ms. Chimuti, alleged offer of new agreement, continued occupation"}
{"issue_text":"Whether or not the defendant should be evicted from the Total Fife Street Service Station","issue_type":"procedural","dispositive":"yes","related_facts":"Expiry of MLA, lack of renewal, continued occupation"}

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Facts of the Case

Background

Plaintiff, owner of a service station, entered into a one-year Marketing Licence Agreement (MLA) with defendant which expired on 31 May 2019. Plaintiff declined to renew the agreement and demanded vacation, but defendant refused to vacate, claiming the MLA was tacitly renewed through conduct and an offer of a new agreement by plaintiff's territory manager.

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