ZINDODYEYI & ANOR v ASPINAL INVESTMENTS (PVT) LTD & ORS 2016 (2) ZLR 341 (H) 2016 (2) ZLR p341

Flynote

Landlord and tenant: " c tenant " sub-tenant " rights vis-—-vis landlord " eviction from leased premises " sub-tenants having no right to be treated as statutory tenants

Headnote

The applicants sought an urgent interim interdict preventing their eviction from premises they claimed to be renting from the first respondent in terms of an oral agreement, having previously rented them as sub-tenants of the second respondent. They claimed that the rent due was being paid to the first respondent, who refused to provide them with receipts.

Held, that an interim interdict may only be granted if the applicant establishes (a) that the right he seeks to protect is clearly or at least prima facie established; (b) there is a well-grounded apprehension of irreparable harm if interim relief is not granted; (c) the balance of convenience favours granting interim relief; and (d) the applicant has no satisfactory remedy.

Held, further, that the applicants had failed to prove on a balance of probabilities that they had an oral lease agreement with the first respondent. The version in their affidavits was not only improbable but thoroughly incredible.

Held, further, that the applicants had no rights as statutory tenants as they had not paid rent to the landlord. However, the applicants had a satisfactory alternative remedy in terms of s 39 of the Magistrates Court Act.