Council battles to evict tenant

non-payment of rentals and degrading the bar.
The local authority has since taken Africabet, which was operating a beer outlet in Unit G, Seke to court.
In the application at the High Court, the municipality submitted that sometime in November 2008 it entered into a purported lease agreement with Africabet to use a Tavern with effect from November 1, 2008.
According to the court papers the rentals would be calculated at 2,5 percent of the volume of sales payable in one month.
“The purported lease agreement was a clear nullity arising from the lack of capacity by the person who purportedly signed on behalf of the plaintiff,” submitted Chitungwiza council.
Chitungwiza council through its lawyers Muskwe and Associates said it was quite axiomatic that all important documents such as the purported lease agreement must be signed by the chief accounting officer, the town clerk, and duly sanctioned by a council resolution.
“The purported lease agreement is therefore a clear nullity in terms of the law,” council submitted.
Further, council said Africabet was in breach of its obligation in terms of the lease agreement after it failed to pay rentals at all in terms of the lease.
“The defendant further breached in particular clause 4.8 of the said agreement as it failed to keep the premises in good order, condition and good state of repair as stipulated by the lease agreement,” council submitted.
Chitungwiza Municipality said it was seeking an order of eviction of Africabet from its premises as well as the lease agreement to be cancelled. Africabet, represented by Mawere and Sibanda, has not yet responded to the application, which will be heard by Justice Andrew Mutema.