By Tendai Kamhungira
Former president Robert Mugabe’s son, Chatunga Bellarmine, is set to lose property after failing to pay rentals for his butchery in Chitungwiza. A writ of execution has since been issued for the attachment of Chatunga’s property, to be auctioned tomorrow, over rental arrears amounting to $12 000.
The order was given following an application filed by the owners of the premises, Bubbletech (Private) Limited, which is accusing Chatunga of breaching the terms of their contract.
Bubbletech entered into a written lease agreement with Chatunga for the lease of a property in Unit G, Seke, at a monthly rental of $400.
It was also agreed that Chatunga would pay for water and rates charges.
“In breach of the parties’ agreement, the defendant (Chatunga) has failed to pay for monthly rentals and is currently in arrears of $7 875,” the court was told.
According to the court papers, Chatunga also failed to pay for water and rates charges amounting to $600 and damaged Bubbletech’s premises, which suffered damages amounting to $2 825.
“Despite several demands, the defendant has failed and or refused to remedy his breach … The defendant’s actions constitute a material breach of the parties’ agreement and as such the defendant should be evicted from the plaintiff’s commercial premises situated at Makoni Shopping Centre, Chitungwiza,” the court heard.
Chatunga is now set to lose various items that include a fusion small plasma television set, office chair, office desk, one plastic chair, one small chair, one small broken chair, one small table, three display fridges, a c40 deep freezer, two tables, a computer till, meat cutter, a working table and a generator.
An order was handed down in favour of Bubbletech after Chatunga, who is known for partying and splashing money, failed to respond to the application, resulting in Bubbletech filing an application for a default judgment.
“The plaintiff applies that: the defendant having been duly served with the summons, the time for defendant to have filed his plea having expired, the defendant not having filed his plea, judgment may be entered against the defendant, as claimed in the summons, together with interest at the prescribed rate from the date of demand to date of final payment and costs on a legal practitioner and client scale together with collection commission on all payments,” reads the request for a default judgment.
According to a notice from the Messenger of Court, Chatunga is to pay a total of $12 290, which includes $11 700 for Bubbletech, $5, which is the cost of issuing the summons and an interest of $585.
Of late, there has been a floodgate of cases against the former first family, which has been untouchable during Mugabe’s 37 years in power.
Only recently summons were issued for the eviction of the Mugabe family firm, Alpha Omega Dairy (Private) Limited for failing to pay $29 000 for rentals.
In the matter, the applicant is Levgal Investments (Private) Limited, represented by Dawn Property Consultancy, while the respondents are Alpha Omega Dairy, Stanley Nhari and Joseph Zirebwa.
Nhari and Zirebwa signed a deed suretyship and bound themselves as co-principal debtors.
Levgal Investments and Alpha Omega Dairy entered into a lease agreement in October 2012, where the former first family’s dairy firm was to lease a property in the industrial area of Southerton in Harare from Levgal at a rental of $442 every month in advance to Dawn Property Consultancy free of exchange and bank charges.
In addition to the basic monthly rental, the dairy firm was to pay a monthly sum towards operating costs of the property.
According to court papers, Mugabe’s company failed to meet its side of the bargain in terms of the agreement.
The matter is still pending before the High Court.
The family’s other firm, Gushungo Holdings (Private) Limited is also before the High Court over claims that it failed to pay over $174 000 for potato seed acquired on credit from Seed Potato Co-op (Private) Limited in 2015. DailyNews