BELLEVUE BUTCHERY (PVT) LTD
and
SHINGIRAI ZINYEMBA
and
HONDA CENTRE (PVT) LTD
HIGH COURT OF ZIMBABWE
CHITAKUNYE & NDEWERE JJ
HARARE, 26 January 2017 & 7 February 2018
Civil Appeal
G.R J Sithole, for the 1st & 2nd appellants
I Ahmed, for the respondent
NDEWERE J: The background of the case is that on 7 October 2014 the respondent leased shop premises at Number 121 Harare Street to the first appellant for two years. The rental was renewable annually. The second appellant signed as surety. It was common cause that at the time the summons was issued, the rent was US$2550.00 per month plus operating expenses. It was common cause that the first appellant did not pay rentals in full from November, 2015 to February 2016. As a result, it owed respondent US$5100.06 in rental arrears. Consequently, on 7 March, 2016, the respondent issued summons against both appellants claiming
a) Payment of US$5100.06 together with interest at the prescribed rate from date of summons to date of final payment.
b) Payment of holding over damages of $85.00 per day from 1 March, 2016, to date of ejectment of the first defendant and all those claiming occupation through first defendant.
c) Ejectment of first defendant and all those claiming occupation through first defendant from shop No. 3 at 121 Harare Street, Harare.
Cost of suit on an attorney and client scale
