NEHANDA HOUSING CO-OPERATIVE
HIGH COURT OF ZIMBABWE
HARARE, 25 and 26 July 2018 & 8 August 2018
F.G Gijima, for the plaintiff
Ms C Choniwa, for the defendant
MATHONSI J: The plaintiff is a co-operative society engaged in the noble business of providing housing for its members one of whom was, until he was unceremoniously dismissed from membership by letter dated 4 June 2015, the defendant in this matter. Following the expulsion of the defendant, the plaintiff sued out a summons against him seeking an order for his eviction from a property known as stand 5486 of 315 Retreat Township, Waterfalls Harare (the stand) on the pain of legal practitioner and client costs.
In its declaration the plaintiff made the averments that the defendant had been admitted as a member of the co-operative in 2005 in terms of Clause 7 of the plaintiff’s By-Laws. When he failed to meet his membership obligations in terms of the same By-Laws the defendant was initially suspended and subsequently expelled in terms of Clauses 21 and 23 of the By- Laws, thereby forfeiting the stand which had been allocated to him by virtue of his membership. As the defendant has refused to vacate the stand, the plaintiff craved the grant of an eviction order aforesaid. The action is contested by the defendant who, after entering appearance to defend, also filed a special plea in the following: