Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
BULAWAYO MDC-Alliance proportional representation Member of Parliament, Ms Dorcas Sibanda, has approached the High Court challenging her eviction from a rented house in Paddonhurst suburb over US$1 800 rental arrears, which accumulated over a period of 11 months.
The house from which Ms Sibanda was evicted belongs to former national police spokesperson Mr Wayne Bvudzijena.
Ms Sibanda was served with an eviction order in July 2018 by the Messenger of Court after Bulawayo magistrate Ms Adelaide Mbeure ruled in favour of Mr Bvudzijena under Case Number 2796/18.
Aggrieved by Ms Mbeure’s ruling, Ms Sibanda, through her lawyers Sansole and Senda Legal Practitioners, filed a notice of appeal at the Bulawayo High Court citing Mr Bvudzijena and the Messenger of Court as respondents.
In her grounds of appeal, Ms Sibanda said the lower court erred by finding that she breached the deed of settlement.
She argued that the document did not include clauses allowing Mr Bvudzijena to evict her.
In her ruling, Ms Mbeure ordered Ms Sibanda to pay Mr Bvudzijena US$1 803,73 being rental arrears and operating costs for a period extending from April 2017 to March 2018.
The magistrate also ordered Ms Sibanda to pay her landlord holdover damages of US$14 per day calculated from April 1, 2018, to the date of eviction including his legal costs.
Ms Sibanda was given up to July 2, 2018, to liquidate or settle the full debt failure of which Mr Bvudzijena was entitled to execute the judgment.
The evictions were, however, blocked following Ms Sibanda’s appeal at the High Court.
In her heads of argument, Ms Sibanda said she advanced payment to Mr Bvudzijena as per agreement.
“However, the sums which the first respondent (Mr Bvudzijena) is claiming as remaining arrears were not in existence when the parties entered into a deed of settlement. It is the appellant’s contention that there is no court order which functions in perpetuity,” argued Ms Sibanda’s lawyers. – @mashnets.
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