THE Communications and Allied Industries Pensions Fund (CAIPF) has approached the High Court seeking an order to evict former Health and Child Care deputy minister Edwin Muguti from its Gweru property over $19 000 rental arrears.
BY CHARLES LAITON
The pension fund, through its lawyers Takawira Law Chambers, issued the summons against the former minister on July 17 this year and Muguti failed to respond, prompting the fund to have the matter set down for hearing on the unopposed roll today.
According to court papers, the pension fund owns the property commonly known as TelOne Building, which comprises the offices part of which Muguti was occupying.
In its declaration, the pension fund said it previously had an existing lease agreement with the late Dr Marikano on the first floor of CAIPF Complex and Muguti later assumed the lease through Marikano’s executor.
“The defendant (Muguti) took occupation of the offices on September 1, 2015 and up to now no single cent has been paid towards rentals and operational costs. The rentals are pegged at $900 per month. To date the defendant is in arrears of $19 277,85,” the pensions fund said.
“It was a term of the lease agreement that the defendant will pay to the landlord all actual damages caused by his holding over occupation of the premises in the event of a dispute arising between the parties.”
The firm further said it was a further term of the lease agreement that it would charge interest at the rate of 2,7% per month on all overdue rentals and that whoever would be a tenant of the property would be liable for any lawsuit costs it would incur.
“Despite demand, the defendant has failed and or neglected to make payments of the outstanding arrears wherefore plaintiff’s claim against the defendant is for; cancellation of the lease agreement and ejectment of the defendant from first floor, Medical Chambers, TelOne Building, Robert Mugabe Way, Gweru,” the firm said.
In the court papers, the company also said it was demanding the rental arrears and operational costs, as well as holding over damages at the rate of $30 per day starting from the date of the issuance of the summons to the date of vacation.