FORMER Zimbabwe Broadcasting Corporation finance general manager Elliot Kasu and his wife, Patience are both set to be incarcerated after a local property firm filed for their civil imprisonment over a $21 720 rental debt.
BY CHARLES LAITON
On June 13 this year, the property firm, Charter Properties (Pvt) Ltd’s lawyers Wintertons Legal Practitioners approached the High Court seeking an order to have the couple jailed over unpaid rentals accrued at their business premises in Harare between 2013 and 2014.
According to the court papers, Kasu was until end of December 2014 Charter Properties’ tenant pursuant to a lease agreement signed between the parties on January 1, 2013 for shop number 8, Chiyedza House, Kwame Nkrumah Avenue, Harare.
“In terms of the lease agreement the current monthly rental due and payable by first defendant (Kasu) in respect of the premises is $1 200. In terms of the agreement the first defendant was bound responsible for payment of the operating costs chargeable in respect of the premises it occupied,” the firm said.
“In breach of the agreement, the first defendant failed to abide by its obligations in terms of the lease agreement in that on various occasions, it failed to effect payment of rentals and operating costs.
“In consequences of the breach of the aforesaid plaintiff through its legal practitioners of record duly cancelled the lease on December 3, 2014. On January 10, 2013 the second defendant (Patience) bound herself as surety and co-principal debtor for the due and faithful performance of the first defendant of its obligations to the plaintiff in terms of the lease agreement.”
The property firm further said, notwithstanding the cancellation of the lease agreement and demand for the outstanding payments, Kasu and his wife refused to pay the amount, prompting the firm to approach the court for recourse.
On June 16, 2015 High Court judge Justice Joseph Mafusire ordered the couple to pay the $21 720, being arrear rentals and operating costs and on December 17, 2015 a writ of execution was issued but nothing was attached.
However, on June 11, 2018, the firm then approached the High Court seeking the couple’s civil imprisonment.
The matter is yet to be set down for hearing.