LIKVEE INVESTMENTS (PVT) LTD

versus

OLD MUTUAL PROPERTY INVESTMENTS

CORPORATION (PVT) LTD

HIGH COURT OF ZIMBABWE

KWENDA J

HARARE, 6, 7 & 20 June 2018

Civil Trial

J Ndomene, for the applicant

A Muchandiona, for the respondent

            KWENDA J: The plaintiff is a tenant of the defendant at premises situated at stand no. 14947 Harare also known as Beatrice Corner along Simon Mazorodze Road.

            The plaintiff has sued the defendant for the payment of the sum of $244 584.00 described as ‘payment for clothing material’. (See face of the summons). Actually, plaintiff’s claim is for damages. Plaintiff avers, in its declaration, that its stocks of clothing materials were damaged on five occasions due water leaks at the leased premises. It alleges that the defendant is to blame because it negligently failed to attend to the leaks. The damage complained of is as follows;

     i.      On 21 March 2013 stock worth $115 784.00 was damaged.

   ii.      On 6^th September 2013 stock worth $80 466.00 was damaged and defendant allegedly

   paid $25 088.00 as part compensation.

 iii.      On the 16^th June stock worth $22 294 was damaged

 iv.      On the 9^th July 2014 stock worth$32 875.00 was damaged

   v.      On the 23^rd June 2015 stock worth $18 225 was damaged.

It is alleged that the leaks in March and September 2013 occurred after some heavy rains. The other leaks are not explained and the months during which they occurred are not associated with