DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 41 /18 Civil Appeal No. SC 326/14 What is important to note is the effect of a registered long lease. The effect of registering a long lease is to give the lessee limited real rights which are capable of enforcement against the whole world. W. E. Cooper; Landlord and Tenant, Second Edition at pages 276277 commented on the nature of the lessee’s rights in a long lease, as follows: “A lessee is also entitled to have the lease registered against the title deeds of the property. When he is given occupation or the lease is registered the lessee acquires a real right. Once his real right is so constituted the lessee can enforce it against the whole world. Consequently, upon being given occupation or the lease being registered, the lessee should be entitled to eject a trespasser.” In the case of Heynes Matthew Ltd v Gibson N.O 1950 (1) SA 13 (C) at 15, DE VILLIERS J.P said: “When once the lessee has been granted a lease of more than 10 years then certain legal qualities attach thereto. One of the legal qualities that attaches to it is that, being a lease in longum tempus, it requires to be registered to bind third parties. Registration really may be said to be equivalent to full delivery to the lessee of the rights granted to him by the lease. He is entitled therefore to whatever advantages flow from a lease of this description. One of the advantages is that upon due registration he is protected for the term of the lease against all third parties.” (emphasis added) It is clear from the above that once a long lease is registered, it confers limited real rights to the lessee. The real rights are an asset of the parties which must be distributed by the courts. What cannot be denied from the facts of this case is that the appellant having been the spouse of the respondent when the lease was acquired and registered has interests in the benefits which flow from the lease. The parties were benefitting from farming on the leased land. They each had an expectation to continue to benefit from their farming activities for the duration of the lease. That expectation is like a pension a long term one. That brings the parties interest in the lease within the ambit of s 7 (4) of the Matrimonial Causes Act. 6