City of Harare’s former brewery company, Rufaro Marketing (Pvt) Ltd, has taken a popular local night club, Jazz 105 (Pvt) Ltd, to the High Court seeking cancellation of a lease agreement, ejectment and payment of over $12 700 in rental arrears.
BY CHARLES LAITON
Through its lawyers, Nyakutombwa/Mugabe Legal Counsel, the now-defunct firm issued the summons against the night club on Wednesday last week accusing it of reneging on the parties’ lease agreement.
“Sometime in September 2013, the parties entered into a written lease agreement in terms of which the plaintiff (Rufaro Marketing) leased to defendant (Jazz 105) certain premises being Kubatana Bottle Store in Glen View,” the company said in its declaration.
“The terms of the lease agreement were, inter alia, that: The defendant would pay monthly rentals for the premises in the sum of $800 payable on or before the first day of each month and the monthly rentals was later reduced to $500 from the first of February 2016.”
Rufaro Marketing, however, said the night club, owned by Josh Hozheri, became inconsistent and continuously defaulted in making payments as agreed, prompting the former to approach the court for recourse.
“Consequently, the defendant has breached the terms and conditions of the written lease agreement. As at May 1, 2017, the defendant’s credit balance was in the sum of $12 790,” Rufaro Marketing said.
“Therefore, plaintiff’s claim is for an order confirming cancellation of the lease agreement, ejectment of the defendant from the above-mentioned premises, payment of the sum of $12 790 being monies due and owing for arrear rentals and $500 per month calculated from June 1, 2017 to date of ejectment.”
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Jazz 105 is yet to respond to the litigation.
