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Harare High Court

Zimbabwe United Passenger Company v Jay Esh Shah and Gift Investments (Pvt) Ltd

HH 238-17

Case Details

Court
Harare High Court
Date
12 April 2017
Citation
HH 238-17
Neutral Citation
[2017] ZWHH 238
Outcome
unknown
Case Type
Trial

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Property LawContract LawAdministrative Law
Keywords
LeaseEvictionBribeExtortionIllegalityStatutory TenantPublic Enterprise
Tags
Lease AgreementEvictionBriberyExtortionIllegal Contract
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the lease agreement from 1 January 2004 to 31 December 2009 is valid and enforceable, given that it was induced by a bribe.","issue_type":"law","dispositive":"yes","related_facts":"Payment of US$20,000.00 bribe; lack of written agreement; continued occupation."}
  • {"issue_text":"Whether the defendants are entitled to remain on the premises as statutory tenants.","issue_type":"law","dispositive":"yes","related_facts":"Expiration of original lease; continued occupation; alleged renewal."}
  • {"issue_text":"Whether the court should allow the amendment to the plaintiff's claim at the close of the trial.","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's request to amend; defendants' opposition."}
  • {"issue_text":"Whether costs should be awarded on a higher scale.","issue_type":"law","dispositive":"no","related_facts":"Defendants' occupation for over 12 years based on an illegal contract; refusal to vacate."}
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background
Facts of the Case

Background

Zimbabwe United Passenger Company (ZUPCO) issued summons in 2006 to evict Jay Esh Shah and Gift Investments (Pvt) Ltd from premises in Southerton, Harare. The dispute arose from a lease agreement allegedly obtained through bribery of ZUPCO officials, which the court found to be an illegal contract and therefore void.
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