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David Whitehead Textiles sued for $39 000 rentals

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THE judicially-managed David Whitehead Textiles Limited, has been sued by the owner of its rented premises in Bulawayo over $39 000.

THE judicially-managed David Whitehead Textiles Limited, has been sued by the owner of its rented premises in Bulawayo over $39 000.

BY SILAS NKALA

The property owner, Kaufman Properties (Pvt) Limited, filed summons against David Whitehead at the Bulawayo High Court on February 15 demanding the payment of $39 034,45.

“The plaintiff’s claim is for payment of the sum of $39 034,45 being outstanding rentals and other charges due for the period December 1, 2010 to December 31, 2011 in respect of the lease by defendant from plaintiff of premises known as 74 Fife Street Bulawayo,” the summons reads.

The property owner also wants the textile firm to pay costs of the lawsuit and interest at the prescribed rate, with effect from the date of issue of summons to date of final payment.

David Whitehead Textiles was placed under provisional judicial management on December 1, 2010 and under final judicial management on March 19, 2014.

In its declaration of the suit, Kaufman Properties submitted that “prior to defendant (David Whitehead) being placed under provisional judicial management plaintiff was the lessor and David Whitehead Textiles was a lessee of certain premises in Bulawayo. On January 31, 2011, the parties agreed that the defendant would continue being the lessee and plaintiff the lessor of the same property pursuant to defendant being placed under provisional judicial management. The lease agreement ran from December 1, 2010 to December 21, 2011.”

“The rental payable by the defendant to the plaintiff in respect of the lease from December 1, 2010 to December 31, 2011 was

$2 000 per month and either party had to give three months’ notice to cancel the agreement.”

The property owner submitted that in addition to the rentals, David Whitehead was supposed to pay municipal rates and taxes and other charges including refunding insurance premiums paid by the lessor to insure the said premises during the period of the lease agreement.

“Defendant failed to pay rentals, rates and other charges for the months of December 2010 to December 2011 totalling $39 034,45. The defendant has remained in default despite several promises to pay,” reads the declaration.

David Whitehead Textiles is yet to respond to the summons.