HH 187-18 RAINBOW TOURISM GROUP LIMITED versus JJ AND BB (PRIVATE) LIMITED

RAINBOW TOURISM GROUP LIMITED

versus

JJ AND BB (PRIVATE) LIMITED

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE & NDEWERE JJ

HARARE, 6 July 2017 and 4 April 2018

 

 

Civil appeal

 

J Chikura, for the appellant

S  Simango, for the respondent

 

 

               CHITAKUNYE J. This is an appeal against the magistrate court’s judgment delivered on 23 February 2016.

              The circumstances of the case are that:

             In 2006 the appellant and the respondent entered into a written Lease Agreement in terms of which the appellant leased to respondent, certain premises being a portion of Number 1 Pennefather Avenue, White House Complex, Rainbow Towers, Harare.

Pursuant to the lease agreement respondent took occupation of the premises. As is the norm with most lease agreements the parties agreed on monthly rentals that the lessee was to pay which rentals were subject to review periodically in line with market rates at that time.

When the written lease agreement expired the respondent remained in occupation of the premises as a statutory tenant under the same terms and conditions as in the written lease agreement.

             On 11 September 2014 the appellant sued the respondent in the magistrate’s court alleging that respondent had breached the terms of the lease agreement by failing to pay rentals. In the summons the appellant sought the following:

  1. An order ejecting the Respondent from the premises known as Number 1 Pennefather Avenue, White House Complex, Rainbow Towers, Harare;
  2. An order directing that the respondent remove all its equipment from Number 1 Pennefather Avenue, White House Complex, Rainbow Towers, Harare and make good all surfaces.

 

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