adminMashudu Netsianda Senior Court Reporter
A BULAWAYO-based college, Business Environment Services (BES), has filed an application seeking to rescind a judgment directing its eviction from rented premises over a more than $100,000 debt in unpaid rentals. In court papers filed last week at the Bulawayo High Court, BES (Pvt) Ltd and its director, Obert Sibanda, are the applicants while Tyre House Building (Pvt) Ltd and the Sheriff of the High Court were cited as respondents. Sibanda is challenging a default judgment handed down last month by Justice Lawrence Kamocha following an application by Tyre House Building in April to evict the college.
Justice Kamocha ordered BES to pay Tyre Building $118,870,82, being arrears for rentals and operation costs. The college was also ordered to vacate the building and pay damages of $4,000 per month until the date of eviction following the cancellation of the lease agreement between the two parties.
Sibanda said Tyre Building has no legal basis to evict BES from its premises, as the college has been making efforts to pay the debt. The BES director indicated that he paid $6,710 between January and May towards the over $100,000 debt.
“Sibanda said Justice Kamocha’s ruling must be set aside and he must be allowed to continue making payments towards settling the remaining amount. I’d initially instructed my legal practitioner of record to make payments on my behalf towards the accrued rentals and they proceeded to make payments,” said Sibanda.
“I was shocked at the news when I heard by word of mouth that Tyre Building has obtained an order against me as I knew very well that I had been making payments through my lawyers who could not explain how such a thing happened. I submit that I’ve proffered a reasonable explanation as to how the judgment was granted in error and why on that basis it should not stand.”
Bongani Ndlovu