On 1 September 1989, the City of Harare (plaintiff) and Gibson Investments (defendant) entered into a lease agreement for 24 years 11 months, expiring on 31 July 2014. On 21 May 2013, plaintiff gave notice that the lease would not be renewed as it intended to use the premises for its own purposes. Upon expiry of the lease on 31 July 2014, defendant did not vacate and became a statutory tenant by operation of law under the Commercial Premises (Rent) Regulations, 1983. On 10 February 2015, plaintiff gave further notice demanding defendant vacate within 7 days. Defendant continued to pay rent on time. Plaintiff then issued summons claiming ejectment based on termination of lease by effluxion of time. In supplementary affidavit, plaintiff alleged it had good and sufficient grounds as it intended to use the premises itself. However, minutes from plaintiff's 2014 Finance and Development Committee meeting suggested plaintiff intended to lease the premises to other tenants. Plaintiff was also renting premises from Old Mutual.