Mashudu Netsianda, Senior Reporter
BULAWAYO City Council (BCC) has taken a local water engineering company to court seeking an eviction order over a debt of more than $33 000 in unpaid rentals and municipal charges.
BCC has through its lawyers, Majoko and Majoko Legal Practitioners, filed summons at the Bulawayo High Court seeking an order compelling BS Water Engineering to vacate its rented premises over a debt of $33 173, 35 accrued over a period of eight years.
The council also wants an order confirming the cancellation of a lease agreement with BS Water Engineering, which was cited as the defendant in court papers.
The council said despite demand, the engineering firm has neglected, failed or refused to pay the money.
BCC owns the building situated between Basch Street and Khami Road which it is leasing out to BS Water Engineering. BCC and BS Water Engineering entered into a lease agreement in 1999.
“In terms of the lease agreement, the defendant would pay ground rentals and municipal charges monthly. In March 2009, following the dollarisation, ground rental was pegged at $300 per month. The rental was increased to $450 in October 2009 and has remained so to date,” said the council in its summons.
In May 2014, the council filed summons to recover the money and BS Water Engineering failed to enter an appearance to defend resulting in a default judgment in favour of BCC.
A writ of execution was obtained and property belonging to the engineering company was subsequently attached and only $492,50 was realised from the proceeds.
“The defendant has by conduct repudiated the lease agreement between the parties and plaintiff has accepted, alternatively hereby accepts the repudiation of the lease agreement. Despite demand and attempts at recovery, the defendant has failed to pay and still occupies the property and plaintiff seeks an eviction of the defendant from the premises,” said the council’s lawyers.
BS Water Engineering has not yet filed a notice to enter an appearance to defend the summons. The company has 10 days to file opposing papers with the Registrar of the High Court.