HIGH COURT OF ZIMBABWE
CHITAKUNYE AND NDEWERE JJ
HARARE, August 16, 2018
Appellant in person
E Z Mapendere, for the respondent
CHITAKUNYE J. This is an appeal against the whole judgement passed by a magistrate at Harare magistrate court in which he granted summary judgment against the appellant.
The grounds of appeal were couched as follows:
1. The court a quo grossly erred and misdirected itself in finding that the respondent had locus standi to sue in contract.
2. The court a quo grossly erred in granting summary judgement when it was clear that there was no lease agreement between the parties.
3. The court a quo misdirected itself in granting summary judgment when the Appellant had demonstrated a bona fide defence and triable issues.
On the date of the hearing, the appellant abandoned grounds 1 and 2 but persisted with the third ground.
The circumstances leading to this appeal maybe summarised as follows:
On the 19th September 2014 the Appellant entered into a lease agreement with Letwin Emmanuel in respect of property known as 4 Kinross, Alexandra Park, Harare. The property was managed by Luxury Real Estate Agents and the rentals were supposed to be paid to the said Letwin Emmanuel, through the estate agent’s account or directly to Letwin Emmanuel.