ZIMBABWE PLATINUM MINES

versus

PHILLIP MARUTA

HIGH COURT OF ZIMBABWE
TSANGA J
HARARE, 26 January & 12 June 2018

Opposed application

R Makumbe, for applicant
T Nyamuchera, for the respondent

            TSANGA J: On 26 January 2018 I granted an order for eviction in favour of the applicant. I have since received a request for the reasons given thereat ex tempo to be furnished in writing as the matter is on appeal. These are the written reasons why the matter was dismissed.

The application was for eviction of the respondent, Phillip Maruta, (Maruta) a former employee of the applicant company, Zimbabwe Platinum Mines (Zimplats). The eviction was from house number 3820 Turf Village in Ngezi. It was not in dispute that Maruta’s contract with Zimplats had terminated in May 2016 due to ill health. His refusal to vacate was two pronged. His lawyer, in the main, argued at the hearing that Maruta has a matter before the Conciliation Board concerning the fact that Old Mutual had refused to pay him certain monies arising from the fact that his termination of employment with Zimplats was due to ill health. This arrangement with Old Mutual the court assumes is per a policy that Zimplats has with Old Mutual for its employees. His illness it prepared had been found not to qualify him for the benefits.

Furthermore, he argued that the house in question from which eviction was sought did not belong to Zimplats as Maruta himself is the one recognised by Ngezi Council as his name appears on the rates statement. He had taken occupation in 2014 after taking on a position within Zimplats which entitled him to company accommodation.

Zimplats in its documents clearly averred and outlined how the property is owned by itself on the basis of a memorandum of agreement signed between itself and the then Kadoma