Sunday, 31 October 2021

WELSHMAN NCUBE DRAGGED TO COURT OVER RESIDENTIAL STAND

 MDC-Alliance deputy president Professor Welshman Ncube risks losing a residential stand after a local company approached the High Court seeking an order to cancel an agreement of sale reached between the two parties.

White Pear Farming Company is accusing Prof Ncube of breaching the terms of an agreement of sale of a US$30 000 property in Bulawayo.

Prof Ncube allegedly violated the terms of the deal by defaulting in paying monthly instalments soon after depositing US$13 000 towards buying the property at Willgrove Park.

The property measuring 4 000 square metres was going for US$29 587 including value added tax (VAT). Prof Ncube paid US$13 000 and according to the agreed terms, he was supposed to pay the balance of US$16 587 over a period of nine months.

He allegedly only paid US$2 000 in March last year after White Pear Farming Company had demanded the money.

White Pear Farming Company, through its lawyers Advocate SKM Sibanda and Partners, filed summons at the Bulawayo High Court citing Prof Ncube as a defendant.

The company wants to terminate the agreement and reclaim its property citing Prof Ncube’s breach of contract.

“On March 11, 2019, the parties entered into a written agreement of sale in terms of plaintiff (White Pear Farming Company) sold to defendant a residential stand known as number 4 Willgrove Park in Bulawayo measuring 4 000 square metres for a total sum of US$29 587 inclusive of VAT,” read court papers.

In terms of the agreement, White Pear Farming Company said Prof Ncube was supposed to pay a deposit of US$13 000 with the balance payable over nine months with effect from June 2019.

“Further, in terms of the agreement, in the event of defendant committing a breach of contract, the plaintiff is entitled to cancel the agreement and repossess the stand. Also, upon cancellation, defendant is entitled to a refund of the deposit less 25 percent thereof for administration costs,” said White Pear Farming Company in its plaintiff declaration.

“Defendant breached the agreement by failing to make payment of the outstanding amount as stated in the agreement and only paid US$2 000 sometime in March 2020 after demand.”

The company said to date, Prof Ncube has failed to make further payments despite further demands.

“The plaintiff gave defendant due notice of its intention to cancel the agreement if he failed to remedy his breach. However, despite the fact that the period extended to defendant to remedy his breach has since long lapsed, he has failed or neglected to rectify his breach,” said White Pear Farming Company.

“In the premises, plaintiff was entitled to cancel the agreement on June 8, 2021. The plaintiff prays that the agreement entered into by and between the parties on March 11, 2019 be cancelled.”

White Pear Farming Company wants Prof Ncube to pay the legal costs.

Prof Ncube is yet to respond to the lawsuit.

The MDC-Alliance leader has another pending lawsuit at the same court. He is being accused by former Vice-President Phelekezela Mphoko and his son, Siqokoqela, of allegedly squandering part of the US$2,9 million they got as shares from Choppies Enterprises after they were bought out of the company.

They want an order directing Prof Ncube to pay them about US$1,5 million being the outstanding balance of the money they received as shares from Choppies including a five percent interest calculated from January 16, 2019 to the date of full payment.

Prof Ncube of Mathonsi Ncube Law chambers represented the Mphokos before they ditched him for Mr Zibusiso Ncube of Ncube and Partners. Chronicle

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