HH 413-18 LAFARGE CEMENT (ZIMBABWE) LIMITED versus MUGOVE CHATIZEMBWA

LAFARGE CEMENT (ZIMBABWE) LIMITED

versus

MUGOVE CHATIZEMBWA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

HARARE, 10 July 2018 and 18 July 2018

 

 

 

Opposed Application

 

Ms. Y. Kundodyiwa, for the applicant

Ms. M. Moyo, for the respondent

 

            MATHONSI J: The applicant seeks summary judgment for the eviction of the respondent and all those claiming occupation through him from residential premises known as no. 16 West Estate, Lafarge Cement in Greendale, Harare. When the respondent received the eviction summons in HC 9669/17 in which the applicant sought to vindicate against the respondent, it being the owner of the premises which the respondent occupies without its consent and authority, the respondent entered appearance to defend and filed a plea. In that plea the defendant admitted losing his employment with the applicant but averred that he was contesting his dismissal and would only vacate the premises if he loses his labour case. He also disputed liability to pay hold over damages on the ground that he never agreed to any rental for the premises.

            It is against that background that the applicant has sought summary judgment as it is of the firm view that the respondent possesses no bona fide defence to the eviction claim and that appearance has been entered for purposes of delay. This is because the respondent secured the premises by virtue of his employment by the applicant as a quarry superintendent which employment was terminated on 12 November 2013 following an act of misconduct the respondent admitted having committed. For that reason the respondent cannot continue in occupation of the company house not being an employee of the company.

 

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2018