BUSINESSMAN, Stanley Kasukuwere is allegedly refusing to vacate his rented Pomona residence in Borrowdale and has approached the court seeking rescission of judgment and stay of eviction, arguing his rental payments for the property are up to date.
BY CHARLES LAITON
According to the court papers, the property owner, Tatenda Murenha, obtained a default judgment in March this year against Kasukuwere after having approached the court seeking relief to recover outstanding rentals amounting to $1 670.
In his particulars of claim, Murenha said he entered into a verbal lease agreement, where Kasukuwere would lease house number 15 Jedburg Road, Pomona in Borrowdale at $1 300 per month.
“It was in terms of that verbal agreement that the defendant (Kasukuwere) would pay a monthly rental of $1 300 on or before the first day of each month. The defendant is now failing to pay monthly rentals for the property and is now in arrears amounting to $1 670, which remains due and outstanding,” Murenha told the court while seeking a default judgment.
“Wherefore, the plaintiff prays for payment in the sum of $1 670 as the total sum of arrear rentals due to plaintiff, eviction of the defendant and all those claiming occupation through him from 15 Jedburg Road, Pomona, Borrowdale, Harare, and interest thereon at the prescribed rate of 5% per annum.”
When Kasukuwere did not defend the claim, Murenha applied for a default judgment, which the court granted. But Kasukuwere has since approached the court, seeking rescission of the judgment, arguing Murenha had been dishonest with him.
“I verily submit that I have a bona fide defence to the respondent’s (Murenha) claim in that there is no justification for the claim as I do not owe the respondent at all in rentals and there is no justification in seeking an ejectment order. The respondent misrepresented in his summons that the agreed rentals was $1 300 per month, where in fact it was $1 100 per month,” he said in his founding affidavit.
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“The respondent further misrepresented that as at March 21, 2017, the date the summons were issued, I was owing $1 670 in rentals. I cleared all the March rentals before the summons had been issued . . . As at April 4 I was owing $940 which we agreed I was going to settle before April 30, when I get paid through the National Paralympic Games.”
The matter was set down for hearing today.
