Property owner seeks church eviction over rentals

A LOCAL property firm, Market Investments, has approached the High Court seeking an order to evict Victory Church International from its premises along Harare Street in the capital after the latter allegedly failed to pay rentals in the sum of $14 690.

BY CHARLES LAITON

The building owner is also seeking the same order against Artwell Kufandarerwa, who is said to have signed a lease agreement, as surety, on behalf of the church.

“As a result of the first defendant’s (church) continued unlawful occupation of the property, plaintiff is suffering prejudice in the equivalent applicable rental in the sum of $4 300,” the firm said.

“Wherefore the plaintiff prays for an order for confirmation of the cancellation of the lease agreement between plaintiff and first defendant in respect of T2, 3rd Floor, Market House, 88 Harare Street, and eviction of the first defendant, its manpower, machinery and all those claiming occupation through it from the property.”

zimhighcourt

According to Market Investments, on January 1 last year, it entered into an agreement with the church in terms of which the latter allegedly agreed to pay monthly rentals in the sum of $4 300 and water charges.

As part of the agreement, the firm said, it was agreed between the parties that Market Investments would be entitled to cancel for breach of any of the terms of the lease agreement.

The building owners also said it was part of the agreement that in the event of litigation, the church would settle the firm’s costs of suit on a legal practitioner and client scale together with collection commission.

“The second defendant (Kufandarerwa) bound himself as surety and co-principal debtor for the due performance by the first defendant (church) of its obligation under the lease agreement,” the firm said.

“The first defendant breached the lease agreement as follows: (a) failed, refused and /or neglected to pay rental from January 2015 to May 2015 in the sum of $13 500 and (b) failed, refused and /or neglected to pay water charges from January to May 2015 in the sum of $1 190.”

Market Investments further said sometime in October last year, as it was entitled to, it cancelled the lease agreement and advised the church to vacate the premises, but the latter refused to move, prompting the current legal suit.

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