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Repairs were not sanctioned in writing as required by the lease agreement; therefore, costs cannot be offset against rental arrears. Appellant was aware of outstanding rent and bound by contract terms. Appeal lacks merit.
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The High Court adopted a deed of settlement and entered consent judgment, marking the rental dispute between On Africa Construction and Cata Mining as amicably resolved.
The appeal was dismissed because the respondent proved the claim for rental arrears through credible oral and documentary evidence, including the appellant's written admission of debt, and the trial tribunal properly evaluated the evidence and admitted the documents in accordance with the law.
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The defendants breached the lease agreement by failing to pay rent arrears and deserting the property without notice, entitling the plaintiff to specific damages for rental arrears, loss of rental income, general damages, and costs, but not renovation costs due to lack of legally compliant valuation report.
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The High Court reduced rental arrears, held the appellant lacked capacity to contract over the estate, and confirmed the appellant’s beneficiary status.
Commercial lease dispute over equipment rentals. The High Court held the plaintiff supplied the machines, awarded USD 104,477.85 in arrears, and denied claimed interest and default interest.
The court found that the applicant established a prima facie case due to non-payment of rent since 2019, irreparable loss would be suffered by the applicant and the estate if the injunction was not granted, and the balance of convenience favored the applicant. The application for temporary injunction was therefore granted to restrain the respondents from sale, disposition, or change of status of the suit property for six months.
Source excerpt
The High Court allowed a land appeal, holding the respondent had no right to remain after lease expiry and was liable for rental arrears and damages.
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