Graduare Property Development Limited v A & J Interiors Limited Appeal No. 253/2023

Authors

Clement Ngoma, LLM, University of Zambia

Publication Date

5-2024

Abstract

This case underscores the importance of courts adhering to the well-established principle that issues not raised during the trial cannot be introduced as grounds of appeal. In this judgment, the Court of Appeal had an opportunity to clarify the legal implications of the non-registration of lease agreements, but it also highlighted the broader issue of raising legal points at any stage of proceedings, including on appeal. Despite the non-registration of the lease agreement, the Court of Appeal emphasized that such a legal issue could still be addressed during an appeal, reaffirming the flexibility of legal proceedings in protecting the rights of all parties involved.

In this case, the appellant's failure to refund the security deposit, despite the respondent vacating the premises and being cleared after inspection, became the central issue. The Court of Appeal upheld the lower court’s decision to order a refund of the deposit, reinforcing the legal principle that the non-registration of a lease does not affect the fundamental legal relationship between the landlord and tenant, including the obligation to refund the security deposit. This judgment sheds light on the importance of protecting tenants’ rights, particularly in cases where tenancy agreements may not be formally registered, yet legal expectations and protections still apply.

Acknowledging these issues in legal decisions is important, as it ensures that the legal protection of tenants is not undermined by technicalities related to registration requirements. Such acknowledgment strengthens both the legal framework and societal understanding of tenants' rights, contributing to a more just and equitable system. As the ultimate adjudicators in tenancy matters, courts must ensure that they communicate a clear message that upholds the rights of tenants, especially in cases where agreements may be disputed or improperly executed. This commitment is necessary not only for ensuring fairness in legal proceedings but also for fostering a safer, more reliable environment for tenants in the broader societal context.

Recommended Citation

Ngoma, Clement (2024) "Graduare Property Development Limited v A & J Interiors Limited Appeal No. 253/2023," SAIPAR Case Review: Vol. 7: Iss. 1, Article 10.
Available at: https://scholarship.law.cornell.edu/scr/vol7/iss1/10