BOTTON AMARTURE WINDING

Versus

CLEMINSON & PLASKIT (PVT) LTD

And

THE DEPUTY SHERIFF

IN THE HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 19 & 26 APRIL 2018

Urgent Chamber Application

S. Chamunorwa for the applicant

T. Masiye-Moyo for the 1^st respondent

            MATHONSI J:          Ever since this court issued a consent order in HC 763/17 on 9 November 2017, per TAKUVA J following the signing of a deed of settlement by the applicant and the 1^st respondent regarding outstanding rentals, rates and what was to be paid as monthly rent for premises belonging to the 1^st respondent but occupied by the applicant, located at No. 6 Cowden Road, Steeldale, Bulawayo, the applicant has filed 3 urgent applications in this court.  In all the applications it has sought to prevent the execution of the court order issued by consent.

            In that earlier case the 1^st respondent obtained an order by consent following the signing of a deed of settlement for payment, inter alia, of sums of $150 565,77 as outstanding rentals,    $67 834,61 as outstanding rates and $6 000,00 monthly rentals from 1 September 2017.  The arrears were to be paid on terms set out in the court order including a sum of $20 000,00 which was to be paid on or before 31 October 2017 towards the “arrears stipulated”.  In terms of clause 8 of the court order, in the event of the applicant’s failure to comply with the terms, the 1^st respondent would be entitled to the full amount owing and to evict the applicant from the premises.