ARCHIPELAGO (PVT) LTD
(1) LOCAL AUTHORITIES PENSION FUND
(2) ADDINGTON CHINAKE
SUPREME COURT OF ZIMBABWE
MALABA DCJ, ZIYAMBI JA & PATEL AJA
HARARE, MAY 14, & JULY 9, 2013
L. Uriri, for the appellant
F. Girach, for the respondent
PATEL AJA: This is an appeal against the decision of the High Court (HH 147-2012) handed down on 4 April 2012. The appeal was dismissed at the end of the hearing of the matter. The reasons for that dismissal are as follows.
Since 1978 the appellant has occupied the basement at the first respondent’s premises in Linquenda House, Harare, and operates a nightclub thereat. The last lease agreement between the parties was concluded in October 1997.
In 2009, the parties were unable to agree on the rentals to be paid for the premises. The matter was then referred to one Angelbert Nyandoro to determine a fair rental. He proceeded to do so and set out his determination in a report. In the report he refers to himself as a “Valuer acting as an Expert”. He also chronicles his appointment by the Chairman of the Royal Institute of Chartered Surveyors, Harare Group, “to act as an expert in the settlement of the dispute between [the parties] regarding basic rentals payable”. According to the report, he wrote to both parties and requested submissions on each party’s position. Thereafter, following various communications and meetings, he made his determination based on commercial open market rentals in Harare’s Central Business District.