NATIONAL Railways of Zimbabwe’s (NRZ) Contributory Pensions Fund is suing Bulawayo firm Coloursell Distributors (PVT) Limited and a local medical doctor over rental arrears and damages.
BY SILAS NKALA
The pension fund filed summons at the Bulawayo High Court on December 4 demanding payment of $126 102,18 owed in rentals and damages. Coloursell Distributors and a Dr M Dobble were cited as first and second respondents respectively.
“The plaintiff’s claim is for cancellation of agreement entered into by and between the parties on July 20, 2010 and any other subsequent addenda due to breach by defendants, eviction of first defendant and all who hold title through the first defendant from shop 1 George Silundika Street/ 10th Avenue Bulawayo,” the summons read.
The pension fund demanded payment of $120 972,92 being rental arrears and $839,26 being operational expenses by the defendants jointly and severally one paying the other to be absolved. It also demanded payment of hold over damages by defendants jointly and severally from December 1, 2017 to date of eviction being $4 300 and owner’s charges and attributable share of 100% of the total costs per month.
“The second defendant [Dr Dobble] agreed to be surety and co-principal debtor with first defendant in the fulfillment of the first defendant’s lease obligation with the plaintiff and second defendant being sued in that capacity,” the declaration read.
“Plaintiff and defendant agreed that rentals would be for the period July 1, 2010 to December 31, 2010 at $3 500, for the period January 1, 2016 to December 31, 2016 would be $4 300. Rentals have not been reviewed upwards to date of summons.”
The NRZ Pension Fund submitted that the parties agreed on the payment of owner’s charges and an attribute share of the building running expenses calculated as a ratio of the floor area leased by defendant to the total lettable area of the premises and the defendant’s ratio was 100%.
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The parties agreed that the defendant would also pay value added tax on the rental, bank charges and interest on any amounts that become due and are not paid.
“In breach of the agreement the 1st defendant has refused, neglected or failed to pay despite demand,” reads the declaration. Both respondents are yet to respond to the summons.
