A KADOMA businessman linked to the opposition Citizens Coalition for Change (CCC) has been given the nod by the courts to return to his rented shop after he was evicted for supporting the opposition.
Nicholas Marufu recently filed an application for
spoliation against a Kadoma businesswoman Memory Simango at the Kadoma
Magistrates Court after Simango evicted him from the butchery for his links
with the CCC party.
Marufu then sought a court order to compel her to allow him
access to the shop and refrigerators.
He cited Simango and the messenger of court as respondents.
The court granted the application and ruled that Simango
should immediately, upon receiving the interim order, restore Marufu’s access
to the shop for full operation pending her application to oppose the ruling.
The interim court order dated May 11 states: “A rule nisi
returnable to the court sitting at Kadoma on May 27, matter may be heard
calling upon respondent to show cause if any, why a final order should not be
made that the first respondent (Simango) be, and is hereby ordered to allow
applicant and his agents possession and undisturbed occupation, use of the
refrigerators, butchery and shed at Tandara Shops, Prison Turnoff, Ingezi,
Kadoma.”
The court further stated that Simango be ordered to allow
applicant access to utilities essential to run his business. She was also
ordered to meet the costs of the suit.
The interim court order noted that the landlady should
remove any impediments that may hinder Marufu’s access to the shop and
utilities and remove padlocks from the refrigerators.
It further stated that if she defied the order, the
messenger of court would be ordered to enlist the services of a locksmith and a
welder to use force to remove all impediments to allow Marufu to operate.
Simango should respond to the ruling by May 27. However, on
Wednesday, Marufu said she had already complied with the interim order.
“Sanity has finally
prevailed; Simango has complied with the court order. She is no longer
preventing me from operating,” Marufu said.
He said the problem started on April 23 when CCC supporters
were seen buying meat from his butchery while wearing party regalia. Following
the incident Marufu was then given notice to vacate the property.
Simango, however, disputed Marufu’s claims, accusing him,
instead, of being a bad tenant.
“He has not been paying rent for four months. He is
supposed to pay US$50, but is failing to do so. People also complained that the
business premises were being used for political gatherings.
“I called him to discuss the matter, but he failed to turn
up. I later locked the fridge at the shop hoping that he would come to meet me
so that we could talk, but he did not. He, instead, shamelessly went to the
shop and broke the fridge lock. He is a problem. Worse still, he has no
butchery or shop licence; he rides on mine,” Simango said. Newsday
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