Grounds for Evicting Statutory Tenants in Zimbabwe

Evicting a statutory tenant isn't as straightforward as one might think. Zimbabwe's legal landscape doesn't provide a crystal-clear, exhaustive list of what exactly counts as "good and sufficient grounds" for removing a tenant from a property. Instead, the determination relies on a nuanced evaluation that considers multiple factors.

The courts recognize that landlords might need to reclaim their property for legitimate business purposes. These grounds aren't about punishing tenants but about protecting property owners' fundamental rights. A landlord could seek eviction if they need the space to operate their business or have compelling reasons that go beyond typical rental disputes.

Judges approach these cases by making what's called a "value judgment." This means they carefully weigh the circumstances, looking for fairness and reasonable justification. The Supreme Court has emphasized that such judgments must be made without bias, caprice, or improper legal application. The goal is to ensure that eviction decisions are fair and legally sound.

What makes these evaluations complex is their inherent subjectivity. No two eviction cases are exactly alike. Courts examine the specific context, the landlord's genuine needs, the tenant's circumstances, and the broader principles of justice. The burden is on the landlord to prove that their reasons for eviction are legitimate, reasonable, and not driven by arbitrary or discriminatory motivations.
 

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