Lunga v Sher (129 of 2024) [2024] ZWBHC 129 (26 September 2024)
The appellant was in arrears as at the date of summons, failed to pay rent as required by the lease, and was correctly billed for his share of operating costs. The lower court's findings were supported by evidence and legal principles, justifying cancellation of the lease, eviction, and award of arrears and damages.
- Citation
- [2024] ZWBHC 129
- Parties
- Appellant: Thembani Lunga; Respondent: Rita Yvonne Sher
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 26 September 2024
- Case Number
- 129 of 2024
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Lease Termination, Eviction, Arrears of Rent, Operating Costs, Holding Over Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thembani Lunga
Appellant
Rita Yvonne Sher
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant breached the lease agreement by failing to pay rent and operating costs
- 2 Whether the appellant was correctly billed for operating costs
- 3 Whether the lower court erred in granting the respondent's claims including eviction, arrears, and holdover damages
Ratio Decidendi
The appellant was in arrears as at the date of summons, failed to pay rent as required by the lease, and was correctly billed for his share of operating costs. The lower court's findings were supported by evidence and legal principles, justifying cancellation of the lease, eviction, and award of arrears and damages.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
Full Case Text
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