KINGSTONS LTD v L D INESON (PVT) LTD 2006 (1) ZLR 451 (S)

2006 (1) ZLR p451

Flynote

Appeal — cross appeal — right to — no such right unless respondent seeks a variation of the court order

Landlord and tenant — tenant — eviction of — Commercial Premises (Rent) Regulations 1983 — s 22(2) — lessor to have "good and sufficient" grounds for seeking recovery of commercial premises — what evidence is required of landlord to establish claim and of tenant to refute claim — purpose of Regulations — enacted for the protection of tenants from unscrupulous landlords — no protection afforded against genuine landlords desirous of reclaiming their property for their own use

Practice and procedure — summary judgment — application — defendant raising triable issue — what is required of defendant before summary judgment may be refused — vague generalities insufficient

Practice and procedure — summary judgment — application — evidence which may be led by plaintiff — limited extent to which plaintiff may adduce evidence other than through affidavit