BANGURE v GWERU CITY COUNCIL 1998 (2) ZLR 396 (H)

Flynote

Landlord and tenant — tenant — rights — tenant having planted crops before leaving land — crops planted after expiry of lease — tenant not entitled to access to tend and harvest crop

Property — occupier — improvements effected by — tenant having planted crops — rights of access after expiry of lease — right to compensation for improvements

Headnote

The applicant had for many years occupied land belonging to the respondent council. He had done so in terms of a written lease which expired in 1994. Proceedings were brought to eject him and he was in due course evicted. After his eviction, he sought an order for access to tend and harvest the crop he had planted before he was evicted. The crop had been planted after the eviction proceedings had begun.

Held, that while a possessor of property who has improved the property has certain rights in respect of the improvements, special rules apply to leases. A lessee can only claim compensation for improvements; he has no right to use or retain the leased property in order to assert a claim for compensation. The only exception to this is the limited one of a lessee who plants in due season, during the currency of the lease, and with every reasonable expectation that he will reap before the end of the lease. Only where that expectation is frustrated by unforeseen weather conditions would it be fair and equitable to permit a right of access to the crop, because this would prevent an unjust enrichment of the lessor at the expense of the lessee.

Held, further, that no such right could be enjoyed by the applicant. He had been in unlawful occupation for some years. He had planted the crop although under an order of eviction. To grant his application would be to condone a lasting invasion of the arable lands of the respondent and further delay the date upon which the respondent could make use of its own property.