Nathan Amos Kadurira v Godfrey Goza

The plaintiff leased stands 1497, 1898, 1499, 1500 and 1501 of Nyazura Township to the defendant and his co-lessee Chipo Lizzie Mhlanga through a written lease agreement signed on 8 November 2023. The lease was for 36 months commencing 8 November 2023 and ending 7 October 2026, for a joint Truck Inn Business at US$500 per month. The lease required advance rental payments, payment of council dues, a security deposit of US$500 within 30 days, and written consent for any improvements. On 8 May 2024, the plaintiff terminated the agreement with the defendant's partner. On 22 April 2024, the plaintiff's representatives sought to increase rent to US$1,100, which the defendant countered at US$800. On 22 July 2024, the plaintiff cancelled the lease. The defendant drilled a borehole valued at US$3,000 without written consent, never paid council dues or the security deposit, paid rentals late throughout, and failed to pay rentals from August 2025 onwards. The defendant claimed the improvements should offset rental arrears.

• Whether the defendant breached the lease agreement
• Whether the defendant owed arrear rentals and in what amount
• Whether the defendant owed council dues and in what amount
• Whether the defendant effected improvements on the plaintiff's property and their value
• Whether the value of improvements could offset arrear rentals due to the plaintiff
• Whether the plaintiff's cancellation of the lease was valid
• Whether the defendant was entitled to eviction and payment of holdover damages
• Issues of interest on arrears and costs of suit

(a) The plaintiff's cancellation of the lease agreement on 22 July 2024 was confirmed. (b) The defendant and all those claiming occupation through him shall vacate stands 1497, 1898, 1491, 1500 and 1501 Nyazura Township within 10 days of the order, failing which they shall be evicted. (c) The defendant shall pay plaintiff holdover damages of US$500 per month from August 2025 to the date of vacation from the premises. (d) The defendant shall pay interest on the holdover damages from August 2025 to the date of full payment at the prescribed rate. (e) Each party shall bear its own costs.

The binding legal principles established are: (1) Where a written lease agreement contains a non-variation and non-waiver clause requiring all departures from its provisions to be reduced to writing and signed by all parties, such strict terms must be adhered to and cannot be circumvented by oral agreements or implied waivers. (2) A tenant who effects improvements on leased property without obtaining the written consent required by the lease agreement cannot offset the value of such unauthorized improvements against arrear rentals owed to the landlord. (3) Consistent late payment of rent as opposed to advance payments stipulated in a lease agreement constitutes a material breach of the contract. (4) A landlord's unilateral attempt to increase rent without the tenant's agreement and without following the contractual dispute resolution mechanism (arbitration by a qualified Estate Agent) is invalid and unenforceable. (5) Multiple breaches of a lease agreement including failure to pay rent timeously, failure to pay a security deposit, and failure to pay council dues as required constitute sufficient grounds for valid cancellation of the lease and eviction of the tenant.

The court made obiter observations regarding the evidentiary burden on landlords claiming council dues arrears, noting that the plaintiff's testimony was not backed with necessary documentation to prove that all claimed rates accrued during the lease period rather than prior to it. The court also observed that the plaintiff intended to remove the borehole from the property as it did not suit his interests in its current location, suggesting that improvements may not always benefit the landlord even if they add value. The court's decision to award costs neutrally (each party bearing its own) was based on the observation that the defendant was entitled to defend himself against the plaintiff's unjustified claim for increased rentals of US$1,100, indicating that a landlord's pursuit of invalid claims may affect cost awards even where the landlord substantially succeeds in obtaining cancellation and eviction.

This case is significant in Zimbabwean landlord and tenant law as it reinforces the strict enforcement of written lease agreements containing non-variation and non-waiver clauses. It establishes that unauthorized improvements made by a tenant, even if beneficial and proven, cannot be offset against rental arrears when the lease expressly required written consent for such improvements. The judgment emphasizes the importance of adherence to formal requirements in commercial leases and demonstrates that material breaches of lease terms, including late payment of rent, failure to pay security deposits, and non-payment of council dues, can justify lease cancellation and eviction. It also clarifies that unilateral rent increases without contractual authorization or agreed arbitration procedures are invalid.