adminLovemore Kadzura in Rusape
IT never rains but pours for Watermark owner, Mr Barnabas Nemaire, who had his property attached for failing to settle rental arrears owed to fellow businessman Mr Lovemore Gijima Msindo.
The property will go under the hammer tommorow (Saturday).
According to an advert placed in last week’s edition of this paper, Messenger of Court, Mr Tawanda Majoni, attached Nemaire’s Mitshubishi Chariot Registration Number ABO 9017, an engine in pieces, luggage trailer Registration number ACP 9210 and seven computer sets.
Mr Msindo was leasing his house, Number 10 Gopal Avenue, Rusape, first as academic premises for Watermark College before the same was converted into boarding premises.
Mr Msindo approached the courts seeking to recover $3 500 plus 10 percent interest from Nemaire.
According to a deed of settlement drafted by Mr Musindo’s lawyer Mr Leonard Chigadza of Chigadza and Associates Legal Practitioners and Nemaire, the later was supposed to pay monthly installments of $300 but he failed.
Nemaire’s failure to honour his part of the bargain compelled Mr Msindo to press for the attachment of his property.
“The defendants (Nemaire and Watermark) hereby consent to judgment jointly and severally in the amount of US$3 500, interest 10 percent per annum from 26 February 2015 to date of full costs of suit at attorney client scale. The defendants have paid $300 towards the debt and are left with a balance of $3 050 on the capital debt.
“That defendant shall pay monthly installment of $300 on or before the last day of the month of beginning June 30, 2015 at the offices of the Plaintiff’s legal practitioner. If the defendants default, the plaintiff shall proceed with execution as per judgment,” reads part of the agreement.
Rusape Magistrate Mrs Petronella Hanzi granted the order.
Nemaire also allegedly failed to pay a Harare based law firm, TA Toto Attorneys for representing him in a court case.
TA Toto Attorneys represented by Rusape lawyer Mr Maxwell Chiwanza, of Chiwanza and Associates Legal Practitioners, argued that Nemaire refused or neglected to payment legal fees amounting to $655, 37.
The money has since risen to $743,35.
Mrs Hanzi granted a default judgment in favour of TA Toto Attorneys after Nemaire did not oppose the application.
Meanwhile, teachers at Watermark College have dragged Nemaire to the labour court demanding their unpaid salaries back dating to 2014.
The staffers Messrs Martin Kwerekwende, Darlington Mupiya, Henrick Nkoma and Davison Chiriga are demanding at least $9 745 in outstanding salaries.
Kwerengwende is demanding $3 020, Mupiya $1 400, Nkoma $1 595, Mr Luke Murombedzi $2, 300 and Chiriga $1 430.
The case was brought before an arbitrator Mr Charindeguta on November 17, 2015.
However, Nemaire is denying owing the quartet that much, saying he owes Mr Tichaona Makura $600 and Chiriga $200.
He also pleaded for a payment plan to clear off the amounts.
Online Reporter