Gulsons (Pvt) Ltd. v Wayire (HC 7820 of 2011; HH 187 of 2016) [2016] ZWHHC 187 (9 March 2016)

Gulsons (Pvt) Ltd. v Wayire (HC 7820 of 2011; HH 187 of 2016) [2016] ZWHHC 187 (9 March 2016)

The defendant breached the lease by failing to pay rent for June and July 2011. There was no agreement to reduce the rent below US$1,000 per month. Payment into the defendant's legal practitioners' account did not constitute payment under the lease. The plaintiff validly cancelled the lease and is entitled to arrear rent, holding over damages, eviction, and costs.

Citation
[2016] ZWHHC 187
Parties
Plaintiff: Gulsons (Private) Limited; Defendant: Mr Wayire
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 March 2016
Case Number
HC 7820 of 2011 ; HH 187 of 2016
Procedural Posture
Civil Trial / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Lease Agreement, Breach of Contract, Arrear Rent, Eviction, Damages for Holding Over
Source Language
English
Landlord and Tenant Contract Law Lease Agreement Breach of Contract Arrear Rent Eviction Damages for Holding Over

Case Brief

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Parties

Gulsons (Private) Limited

Plaintiff

Mr Wayire

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the lease agreement was validly cancelled
  2. 2 Whether there was an agreement to reduce the rent and to what amount
  3. 3 Whether the defendant is indebted to the plaintiff for arrear rentals and damages for unlawful holding over

Ratio Decidendi

The defendant breached the lease by failing to pay rent for June and July 2011. There was no agreement to reduce the rent below US$1,000 per month. Payment into the defendant's legal practitioners' account did not constitute payment under the lease. The plaintiff validly cancelled the lease and is entitled to arrear rent, holding over damages, eviction, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Cancellation of the lease agreement confirmed.
  • Defendant and all persons claiming occupation through him to be ejected from the premises.