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RECOY INVESTMENTS (PVT) LTD v TARCON (PVT) LTD 2011 (2) ZLR 65 (H)

2011 (2) ZLR p65

Citation

2011 (2) ZLR 65 (H)

Case No

Judgment No. HH-159-11

Court

High Court, Harare

Judge

Gowora J

Heard

14 January 2011; CAV

Judgment

27 July 2011

Counsel

P C Paul, for the applicant
T Hussein, for the respondent

Case Type

Opposed application

Annotations

Link to case annotations

Flynote

Arbitration – arbitration clause – clause requiring referral to arbitration in event of dispute – need for dispute to exist – need for party relying on clause to apply for stay of court proceedings

Contract – option – what is – lease agreement giving option to renew at rent to be agreed on – effect – no rights given to tenant – no obligation imposed on landlord to negotiate or agree to new rental

Landlord and tenant – lease – renewal of – option – lease giving option to renew at rent to be agreed on – no right given to tenant to renew lease and no obligation on landlord to negotiate with tenant

Practice and procedure – declaratory order – when may be granted – need for applicant to show tangible interest in relation to an existing, future or contingent right or obligation

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