HB 105-18 BOTTON AMARTURE WINDING Versus CLEMINSON & PLASKIT (PVT) LTD And Anor

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 1st 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 1st respondent regarding outstanding rentals, rates and what was to be paid as monthly rent for premises belonging to the 1st 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 1st 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 1st respondent would be entitled to the full amount owing and to evict the applicant from the premises.

 

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2018