MARANATHA schools directors Barbara and Samuel Mudavanhu have been dragged to court for breach of contract after they allegedly failed to provide a three-bedroomed flat to one individual who had bought into their housing project in Budiriro.
By PAIDAMOYO MUZULU
Naboth Tapfuma Magwere, through his lawyers Maunga Maanda and Associates, wants the High Court to direct Mudavanhu and his company, Develop It Zimbabwe, to “construct and hand over to the plaintiff a residential flat, being an 8,333% share of Block 2 Stand Number 11276 Budiriro meeting the specifications in Annexure ‘A’ hereto within six months of the granting of this order”.
Magwere, in his affidavit, says in October 2009 he entered into a written contract with Develop It Zimbabwe for the construction of a three-bedroomed residential flat at Stand 11276 Budiriro. He said the flat was 8,333% share of the entire apartment block.
Magwere further states he paid a total of $25 000 made up of an initial deposit of $2 250 and 24 monthly instalments of $948 with effect from November 1, 2009.
However, upon full payment of $25 750 by February 3, 2014, the defendants allegedly failed to grant him vacant possession of the flat and continued to give empty promises despite demand.
Develop It Zimbabwe and the Mudavanhus have filed a notice of appearance to defend with the court.
They are being represented by Lawman Chimuriwo Attorneys at Law.
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In the alternative, Magwere seeks the court to order the defendants to pay damages for breach of contract at a value arrived by establishing the fair market value of the property as determined by a professional valuer, interest on the damages at the prescribed rate with effect from the date of judgment, damages at the rate of $300 per month with effect from date of summons and cost of suit.
The hearing date is still to be set.
