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Moyo sues law firm over $15 000 levies debt

HIGHER Education minister Jonathan Moyo and the Zimbabwe Manpower Development (Zimdef) have taken a Bulawayo law firm to court for non-payment of rentals.

BY SILAS NKALA

Zimdef with support from Moyo filed summons at the Bulawayo High Court on March 10, citing Walter Nyabadza Law Chambers and Walter Nyabadza as first and second respondents respectively.

“The plaintiff’s claim against the defendants, jointly and severally the one paying the other to be absolved, for payment of $15 306, 27 being arrears for rent and operating costs in serious breach of the lease agreement,” read the summons.

The parties entered into a lease agreement, which second defendant (Nyabadza) as a surety wherein the plaintiffs leased to first defendant its premises known as 6th Floor East Wing Offices, Zimdef Building number 102 Fort Street in terms of which rent and operating costs are payable monthly in advance on or before the first day of each month without demand together with interest and costs of suit on an attorney client scale.”

In the declaration of the claim, Zimdef and Moyo submitted that the law firm was using the parastatal’s property and on May 4 2016 the parties entered into an agreement of lease wherein they leased to the defendants their premises.

“The said lease was subject to renewal with the first defendant (law firm) advising the plaintiffs in writing at least three calendar months prior to the last day of the lease period if it wishes to renew same in which event a written agreement of renewal would be entered,” read the declaration.

“In the event of the first defendant failing to give the said notice and remain in occupation of the leased premises, the lease will continue from the termination date or option period on the same terms and conditions other than the rent payable but subject to two months written notice of termination on either party being given.”

The lease stipulates that the payment is supposed to be paid monthly. The applicant submitted that in addition to payment of monthly lease rentals, the law firm was supposed to pay the contributory share for the maintenance of the property and operating costs.

Zimdef and Moyo are praying for the order compelling the law firm to settle the arrears, its ejection from the property, payment of $30 per day as damages, interest and costs of suit at a prescribed rate.

The law firm is yet to respond to the summons.

Source :

newsday

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