adminMashudu Netsianda Senior Court Reporter
THE Bulawayo City Council has dragged the Apostolic Faith Mission in Zimbabwe (AFMZ) and Matabele Steam Laundry to court for failing to settle a debt of more than $17,000 in rates and taxes accrued over a period of six years. The city council, which is the plaintiff in the matter, this week filed summons at the Bulawayo High Court citing AFMZ (Sauerstown Assembly) and Matabele Steam Laundry as the defendants.
The BCC is demanding a sum of $17,006.53 from the church and the dry cleaner.
According to the court papers, AFMZ indicated to the council that it had since bought the property in Sauerstown from Matabele Steam Laundry.
“Upon service of the letter of demand, our legal practitioners, in response received an undated letter on April 17, 2015 from AFMZ to the effect that it bought the property from Matabele Steam Laundry, but is yet to take transfer. It is noted in the letter that AFMZ accepted its indebtness of the full amount to the plaintiff,” said the council in its summons.
The council said both AFMZ and Matabele Steam Laundry were equally liable for the debt.
The council, in its summons filed through its lawyers Dube-Banda, Nzarayapenga and Partners, said the two defendants have continuously failed, refused or neglected to settle the outstanding amount despite demand.
“From the period from April 2009 and January 2015, Matabele Steam Laundry accumulated arrears from its owner’s charges in rates and taxes in the total sum of $17, 006.53 which accounts are still outstanding in breach of its statutory obligation. The sum due is payable monthly,” said the council’s lawyers.
The council said the failure by the defendants to pay the money impacted negatively on service delivery in the city.
“The failure by the defendants to pay their statutory obligation has negatively impaired the Bulawayo City Council’s service delivery in the city which includes inter alia, road maintenance, provision of clean water, refuse collection and other essential services, which is a great disadvantage to other rate payers,” said the council’s lawyers.
In the court papers, the BCC is demanding that the two defendants pay the debt with six percent interest calculated from the date the summons were issued to the date of full and final payment and cost of suit at attorney-client scale.
AFMZ and the Matabele Steam Laundry have not yet filed a notice to enter an appearance to defend the summons.
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