Chiruza v Chiwese (HC 1773 of 2002; HC 2040 of 2002; XREF HC 1773 of 2002) [2003] ZWBHC 80 (16 July 2003)

Chiruza v Chiwese (HC 1773 of 2002; HC 2040 of 2002; XREF HC 1773 of 2002) [2003] ZWBHC 80 (16 July 2003)

The court exercised its discretion to disregard the defence of lis pendens in the interest of justice, found the respondent in breach of the lease agreement, held that respondent was not a bona fide statutory tenant due to non-compliance with rent payment obligations, and granted summary judgment, eviction, and costs on a higher scale.

Citation
[2003] ZWBHC 80
Parties
Applicant: Zomunoda Chizura; Respondent: Guy Tendai Chiweshe
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
16 July 2003
Case Number
HC 1773 of 2002 ; HC 2040 of 2002 ; XREF HC 1773 of 2002
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for applicant
Legal Topics
Summary Judgment, Eviction, Lis Pendens, Statutory Tenancy, Costs
Source Language
English
Landlord and Tenant Civil Procedure Estate Administration Summary Judgment Eviction Lis Pendens Statutory Tenancy Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Zomunoda Chizura

Applicant

Guy Tendai Chiweshe

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the defence of lis pendens bars the present proceedings
  2. 2 Whether the respondent is in breach of the lease agreement
  3. 3 Whether the respondent is entitled to protection as a statutory tenant under the Rent Regulations

Ratio Decidendi

The court exercised its discretion to disregard the defence of lis pendens in the interest of justice, found the respondent in breach of the lease agreement, held that respondent was not a bona fide statutory tenant due to non-compliance with rent payment obligations, and granted summary judgment, eviction, and costs on a higher scale.

Court Disposition

summary judgment granted for applicant

Orders

  • Lease agreement regarding 101 Netherby Drive, Sunnyside, Bulawayo is terminated.
  • Respondent to vacate 101 Netherby Drive, Sunnyside, Bulawayo within seven days, failing which the Deputy Sheriff to evict.