National Social Security Authority v Chimbwanda Denford Handson

HH 87-11
                                                                              HC 4133/10
NATIONAL SOCIAL SECURITY AUTHORITY
versus
CHIMBWANDA DENFORD HANDSON



HIGH COURT OF ZIMBABWE
MTSHIYA J
HARARE, 25 November 2010


Mr T. Nleya, for the applicant
Mr Mahuni, for the respondent


       MTSHIYA J: The respondent being barred for failure to file heads of argument
in terms of the rules of this court and no application for the upliftment of the bar having
been made, the applicant is entitled to the relief sought:


IT IS ORDERED THAT:


   a) The cancellation of the agreement of lease between applicant and respondent in
       terms of which applicant leased to respondent premises known as Shop 3 Parklane
       Building, Corner Julius Nyerere and Sam Nujoma Street located on Stand No.
       1373 F, I and J, Harare, Zimbabwe is hereby confirmed.


   b) The respondent together with its subtenants, assignees, invitees and any other
       persons claiming through respondent are hereby forthwith ordered to vacate
       applicant’s premises being Shop 3, Parklane Building, Corner Julius Nyerere and
       Sam Nujoma Street located on Stand 1373 F, I and J Harare, Zimbabwe.


   c) In the event that the respondent together with subtenants, assignees, invitees and
       any other persons claiming through respondent fails to vacate forthwith from
       applicant’s premises described in (a) above, the Sheriff of Zimbabwe or his lawful
       deputy be and are hereby authorized to evict respondent together with its
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HC 4133/10

       subtenants, assignees, invitees and any other persons claiming through respondent
       from applicant’s premises described in (a) above.


   d) The respondent shall pay damages for continued occupation by respondent of
       applicant’s premises at the rate of US$300.00 for rent and US$50.00 for operating
       costs per month from 26 May 2010, to date of respondent’s ejectment.


   e) Interest thereon at the rate of 5% per annum from 26 May 2010 to date of
       payment in full; and


   f) Costs of suit at Legal Practitioner and client scale.




Gill, Godlonton & Gerrans, applicant’s legal practitioners
Manase & Manase, respondent’s legal practitioners