The rentals accrued from July to September this year.
The plaintiff, Simon Denhere, issued Mwonzora with summons
demanding the rentals on September 19.
Denhere then made an application on ex parte basis (in
Mwonzora’s absence) at the Harare Civil Court where he was granted leave to
attach property.
The property, which included sofas, reception desk, office
desk, four computers, two printers, office chairs and a generator, were
attached through the Messenger of Court last Tuesday.
This was done in terms of Section 34 of the Magistrate
Court Act which allows landlords or landladies to attach property of their
tenants without notice if any tenant fails to pay rent.
It is meant to avoid suspicion that the tenant wants to
leave the property without paying rent.
Denhere also applied for the law firm’s eviction at the
property at No. 44 Eastcourt Road, Belvedere, Harare.
Mwonzora is also expected to pay US$1250 holding over
damages if he wants to retain his property.
In return the politician has also filed an urgent chamber
application for the discharge of Section 34 of the Magistrate ACT and the
matter has been set down for hearing tomorrow.
In his application, Mwonzora argues that it was not
necessary for Denhere to proceed by way of an ex parte application.
He also feels it was wrong for the Messenger of Court to
remove the property in question, which includes case files of his clients, who
had nothing to do with the issue. H Metro
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