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. Chronicle
0 comments:
Post a Comment