Mashudu Netsianda, Senior Court Reporter
THE High Court has ordered Zimbabwe African People’s Union (Zapu) to vacate its rented premises in Bulawayo’s central business district within five days and pay more than $11 000 in rental arrears.
The ruling by Bulawayo High Court judge Justice Martin Makonese followed an application for default judgment by Main Investment and Construction Company, the owners of the building.
“It is ordered that the defendant (Zapu) make payment of arrear rentals in the sum of $11 750 and interest on the sum of $1 000 calculated at 30 percent per month from March 2016 to July 2016. Eviction of the defendant and all those claiming through it from the plaintiff’s premises is granted failure of which the sheriff be and is authorised to evict the defendant,” ruled the judge.
Justice Makonese also ordered Dr Dumiso Dabengwa’s party to pay hold-over damages at the rate of $1 000 per month from July 1, 2016 to the date of ejectment.
The party entered into a written lease agreement with Main Investment and Construction Company to occupy and use its property situated between JMN Nkomo Street and Connaught Avenue.
The lease agreement expired on February 26 last year and Zapu was given a notice to vacate the building, but the party failed to do so.
Last year, Main Investment and Construction Company, through its lawyers, Mathonsi Ncube Law Chambers filed summons at the Bulawayo High Court seeking an order compelling Zapu to pay $11 750.
The company also wanted an eviction order directing Zapu to vacate the property.
According to court papers, the defendant has failed or neglected to vacate the building despite demand.
The party did not oppose the summons resulting in Main Investment and Construction Company applying for a default judgment.
Dr Dabengwa admitted in recent media reports that his party was struggling financially to enable it to undertake its activities and outreach programmes.
He said the party depended largely on membership contributions. Zapu which was formed in 2008 has found the going tough in the country’s political terrain and is yet to win a single electoral seat.