Business interruption insurance victor appeals against eviction order

Ma-Afrika had a 10-year lease agreement with Venezia Trust in respect of the guest house, for which it had paid rent from when the lease started in April 2019 until the lockdown in March 2020.

Aggrieved by the order dismissing the application for eviction, the trust sought and was granted leave to appeal that order to the SCA. However, the SCA referred the claim by the trust for arrear rental back to the high court for determination. It said as a result of the pandemic and government's lockdown, occupancy at the guest house from April to August 2020 was zero, and then under subsequent national disaster alert levels it could only accommodate guests on a restricted basis from August 18 2020.

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