Harare Sports Club has taken Zimbabwe Cricket to court over rental arrears amounting to $112 119.
BY CHARLES LAITON
Through its lawyers Kantor and Immerman Legal Practitioners, the sports club filed its application at the High Court on Friday last week, citing the ZC as the respondent.
In his founding affidavit, Harare Sports Club president David Young said sometime in 1999, the two parties entered into a lease agreement, but after some time, a dispute arose regarding settlement of the rental arrears.
“On or around July 16, 1999, the applicant (Harare Sports Club) and the respondent (Zimbabwe Cricket) entered into a notarial agreement of lease in terms of which the applicant leased a certain portion of the property, commonly known as Harare Sports Club from the applicant,” Young said.
“A dispute arose between the parties regarding the settlement of arrear rentals and a fair rental payable in respect of the applicant’s premises, which respondent is renting in terms of the notarial agreement of lease.”
Young further said the sports club was forced to approach the Labour Court for recourse and after the matter was determined, judgment was granted in the club’s favour, leading to the arbitral award.
“As a result, the applicant was forced to file an application with this honourable court under case number HC217/17, seeking an authority for the commercial arbitration centre to appoint an arbitrator between the parties, which application was granted,” he said.
“Pursuant to the above mentioned judgment and in line with the arbitration agreement, the dispute between the parties was referred to the honourable arbitrator, Daniel Tivadar, for resolution.”
Young also said on August 28, 2018, Tivadar handed down an award, and in terms of the award, Zimbabwe Cricket was ordered to pay $112 119.
However, Young further said despite the arbitral award having been made available to Zimbabwe Cricket, the latter has failed, refused, and/or neglected to pay the amount, prompting the sports club to approach the court for recourse.
“Accordingly and in order to enforce the award, applicant hereby applies for the registration of the award as an order of this honourable court as provided for in terms of Chapter VII Article 35 of the first schedule to the Arbitration Act (Chapter 7:15) as modified by Statutory Instrument (SI) 28/1996,” he said.
The matter is yet to be set down for hearing.