The embattled Dumiso Dabengwa-led Zapu has been ordered to vacate its rented property in Bulawayo and pay rental arrears of $10 750 to the property owner.
BY SILAS NKALA
Zapu was sued by Main Investment and Construction Company (Pvt) Limited, which owns number 15 Joshua Mqabuko Nkomo Street and Connaught Avenue in Bulawayo, for failing to pay outstanding rentals.
On March 6, Bulawayo High Court judge Justice Martin Makonese passed a default judgment against Zapu ordering it to vacate the premises and settle the outstanding rentals.
“It is ordered that the default judgment be and hereby granted in favour of the plaintiff on the following terms: Eviction of the defendant and all those claiming occupation through it from plaintiff’s premises being No 15 JM Nkomo Street and Connaught Avenue, Bulawayo within five days of being served with this order, failing which the Sheriff be and is authorised to evict the defendant,” Makonese ruled.
“Payment of arrear rentals in the sum of $10 750, interest on the sum of $1 000 calculated at rate of 30% per month from March 2016 to July 2016 and holding over damages at the rate of $1 000 per month from July 1, 2016 to the date of ejection.”
Main Investment and Construction Company had filed its summons on November 3 last year demanding the payment of the outstanding amount and an order compelling Zapu to move out.
“Despite demand the defendant has refused or failed to vacate the property,” the summons read.
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The company claimed $10 750 rental arrears owed by Zapu and interests of $1 000 calculated at 30% per month from March 2016 to July 2016. It also claimed damages at the rate of $1 000 per month from July 2016 to date of ejection.
The company’s declaration of the claim through Mathonsi Law Chambers states that the party entered into a written lease agreement with it for the occupation and use of the property.
“The said agreement expired on February 29, 2016 of which notice to vacate was given to the defendant,” reads the declaration.
“Despite the repeated demand the defendant has refused or neglected to vacate plaintiff’s premises, notwithstanding the expiration. On expiry of the written notice the defendant failed to vacate the premises and have remained in occupation ever since. They have also failed to pay rentals.”
The company said it has since cancelled the lease agreement with Zapu but the party has refused to vacate.
Zapu delayed filing a response to the summons resulting in a default judgment.
