Quick Travel Carriers P/L v Branco's Panel Beaters P/L (HC 1268 of 2006) [2008] ZWHHC 28 (26 February 2008)

The defendant failed to pay rent within the statutory period and thus lost statutory tenant protection under section 22(2) of the Regulations, entitling the plaintiff to ejectment and holding over damages.

Citation: [2008] ZWHHC 28
Parties: Plaintiff: Quick Travel Carriers P/L; Defendant: Branco’s Panel Beaters P/L
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 26 February 2008
Case Number: HC 1268 of 2006
Procedural Posture: Civil / Trial Judgment
Outcome: judgment for plaintiff
Legal Topics: Statutory Tenancy, Lease Termination, Holding Over Damages, Rent Payment Obligations
Source Language: English

Landlord and Tenant Commercial Law Statutory Tenancy Lease Termination Holding Over Damages Rent Payment Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Quick Travel Carriers P/L

Plaintiff

Branco’s Panel Beaters P/L

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

1 Whether the defendant was entitled to statutory tenant protection under section 22(2) of the Commercial Premises (Rent) Regulations, 1983
2 Whether the defendant breached the statutory obligation to pay rent timeously
3 Whether the plaintiff waived its right to cancel the lease by granting additional time for payment

Ratio Decidendi

Court Disposition

judgment for plaintiff

Orders

Defendant to vacate the premises within fourteen days of service of the order.
Defendant to pay holding over damages of $66,500 per day from 1 March 2006 to date of ejectment.