Businessmen embroiled in $9,000 lawsuit over rentals
By Patrick Chitumba
BULAWAYO businessman Hetnesh Suman Patel is embroiled in a $9,000 lawsuit over house rentals with a Victoria Falls businessman, Tapiwa Chiadzwa.
As a result Chiadzwa has filed a notice of appearance to defend the $9,126 claim levelled against him by the property mogul.
Last month Patel filed a claim with the Victoria Falls magistrate’s court seeking to recoup the money from Chiadzwa whom he accuses of defaulting on rentals and utility bills. Chiadzwa then filed a notice of appearance to defend dated July 3.
According to the notice Chiadzwa, the owner of Victoria Falls Gallery, is the plaintiff disputing that he owes Patel over $9,126 in rentals and rates for house number 338 Woods Road in Victoria Falls.
Chiadzwa through his lawyer, Zibusiso Dube said he entered into a verbal agreement with a businessman called Jays who was acting on behalf of Patel that he would lease the property for $450 per month on August 15, 2011.
“The conditions were that since the house was neglected for years, I will do refurbishments and forward all the costs to Jays who would then forward to Patel,” reads part of the notice of appearance to defend from Chiadzwa.
The other condition according to the court papers was that Chiadzwa settles the outstanding electricity bill which was $1,404 as of August 15, 2011.
Chiadzwa further claims that they agreed that he pays security deposit of three months rent which was going to be redeemed as rentals in the last three months of notice to vacate the house.
“Patel came to my shop with his family and took some wares and promised to pay but just went quiet. He later promised to effect the bill on rentals which he did not,” reads the court papers.
“I am now seeking the assistance of the honourable court to recover my money $9,126 with the following breakdown, refurbishment (of the house) $3,122, purchase by Patel $1,220, council bills $2,030, Zesa bills $1,404 and house deposit $1,350.”
Patel through his lawyer Modicai Donga from Lazarus and Sarif, said Chiadzwa failed to pay monthly rentals of $450 per month and also pay all other rates prompting him to seek an eviction order.
It is said Chiadzwa would default paying for some of the months resulting in the arrears accumulating. Chronicle
