adminMashudu Netsianda Senior Court Reporter
THE High Court has dismissed an appeal by a former Edgars Stores Limited worker who was challenging eviction from his ex-employer’s house in Mpumalanga suburb in Hwange over $754 rent arrears. Bulawayo High Court judge Justice Nicholas Mathonsi said Nelson Mangena’s eviction was obtained through a lawful order.
“The eviction was obtained through a lawful court order. Where an evictee has appealed against an eviction order such an appeal would suspend the operation of that eviction order thereby preserving the right of occupation.
“Unfortunately, that is not the case with the applicant as he did not appeal against the eviction order, but against the directions given by the magistrate which were merely interlocutory and not definitive in determining the matter,” said Justice Mathonsi.
He said Mangena’s appeal left the eviction order intact, lawful and binding.
According to papers filed at the Bulawayo High Court, Edgars Stores Limited evicted Mangena from its house following last month’s judgment by Hwange magistrate Rose Dube.
This was after Mangena allegedly failed to pay rent arrears of $754.
Mangena capitulated and paid the requited money on eviction. He argued that Edgars Stores executed the order despite his appeal against Dube’s ruling.
In his founding affidavit, Mangena sought an order to have occupation of the house and all goods attached and cash paid in lieu restored to him.
“On the night of March 31, 2016, the messenger of court came and evicted me from my house basing on a judgment I had appealed against,” said Mangena, through his lawyers, Dube, Mguni and Dube legal practitioners.
He said Edgars Stores acted outside the law by ignoring his appeal and evicting him.
Mangena said the ruling by Dube was misdirected and irregular. The judgment was granted in default and Mangena argued that he did not attend because he was sick on the day.
He wanted the judgment rescinded and the matter referred back to the lower court.
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