adminSenior Reporter
MUTARE businessman and Zimbabwe National Chamber of Commerce president Hlanganiso Matangaidze — the owner of Gullivers Nite Club — has been evicted from the premises housing the joint over unpaid rentals amounting to about $6 000.
Jairosi Jiri Association is the owner of the building located at Stand Number 298, First Street, Mutare, where the up-market night club was operating from.
The association made a court application to evict Matangaidze over rental arrears and has since instituted legal action to recover the same.
Mutare magistrate Mr Langton Mukwengi ruled on August 14, 2014 that Matangaidze be evicted from the premises.
The association, which was being represented by Bere Brothers law firm, has since written to the Messenger of Court to enforce the eviction order as a matter of urgency.
“Please find attached hereto a court ruling granting an eviction order of Mr Matangaidze from Gullivers Club. Kindly proceed to enforce the eviction order as a matter of urgency.”
In his ruling, Mr Mukwengi said the association furnished the court with overwhelming evidence that showed that Matangaidze was a tenant representing Gullivers Club and he was in rental arrears.
He also noted that Matangaidze was given a three months’ notice to vacate the premises which he did not dispute.
In his notice of opposition Matangaidze told the court that there is no lease agreement between Jairosi Jiri Association and him.
He said Gullivers Nite Club is owned by a company known as Magnetic Enterprises, where he is a director.
He argued that Gullivers Club was a separate entity from Hlanganiso Matangaidze.
However, Mr Mukwengi ruled that the moment Matangaidze signed the addendum on behalf of Gullivers Nite Club, he is responsible for that place and he can be sued in his personal capacity since Gullivers Nite Club is not a company and has no legal person to talk about.
“In a nutshell, application for eviction is hereby granted as prayed since respondent has no defence to offer,” ruled Mr Mukwengi.
Online Reporter