HH 238-18 TIMOTHY NHAMO NYAMWEDA versus INNOCENT BENZA and Ors

TIMOTHY NHAMO NYAMWEDA

versus

INNOCENT BENZA

and

PATIENCE BENZA

and

HERENTALS GROUP OF SCHOOLS

 

 

HIGH COURT OF ZIMBABWE

TAGU J

HARARE, 22 March & 9 May 2018

 

 

Opposed Application

 

P Manhibi, for applicant

TG Makanza, for respondents

 

               TAGU J: The applicant issued summons on the 30th of October 2017 against the respondents claiming orders confirming the cancellation of the lease agreement entered between the parties, ejectment of respondents and all those claiming occupation through them from the premises at No. 174 Munondo Street, Ruwa Industrial Park, Harare, payment of the arrear electricity bill calculated from the 1st of May 2016 to date of ejectment, payment of the arrear water and rates levies calculated from the 1st of May 2016 to date of ejectment, payment of arrear rentals amounting to US$5 600.00, payment of holding over damages of US$40.00 a day calculated from the 1st of November 2017 to the day of ejectment and costs of suit at the legal practitioner and client scale.

            The respondents entered an appearance to defend the claims on the 13th of November 2017. This prompted the applicant to file this application for summary judgment on the basis that the respondents do not have a bona fide defence to the claims but only entered an appearance to defend for the purposes of postponing the inevitable while they continued to occupy the applicant’s premises without paying rentals or bills and rates in that from December 2016 to 31st August 2017 they accrued rental shortfalls of US$4 000.00, September and October 2017 they accrued arrear rentals of US$2 400.00, Water and Rates Bill stood at US$5 756.74, Electricity Bill stood at US$2 

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2018