Harare Sports Club drags ZC to court

By Tendai Kamhungira

Zimbabwe Cricket (ZC) has been dragged to the High Court after failing to pay over $112 000 for rent owed to the Harare Sports Club.

Through its lawyers Kantor and Immerman Legal Practitioners, the Harare Sports Club filed its application accusing ZC of failing to honour its obligations.

According to David Young, the sports club’s president, the two parties entered into a notarial lease agreement sometime in 1999, in terms of which the sports club was to lease a certain portion of property known as the Harare Sports Club to ZC.

In terms of this agreement, disputes on rentals were to be determined by an arbitrator.

“A dispute arose between the parties regarding the settlement of arrear rentals and a fair rental payable in respect of the applicant (Harare Sports Club) premises which respondent (Zimbabwe Cricket) is renting in terms of the notarial agreement of lease,” Young said.

Following this disagreement, the parties’ also failed to agree on the appointment of an arbitrator, forcing the sports club to approach the High Court for recourse.

“As a result, the applicant was forced to file an application with this honourable court under case number HC 217/17 seeking an authority for the commercial arbitration centre to appoint an arbitrator between the parties, which application was granted.

“Pursuant to the above mentioned judgment and in line with the arbitration agreement the dispute between the parties was referred to the honourable arbitrator Daniel Tivadar for resolution,” the court was told.

According to Young, the arbitrator handed down an award, in which Zimbabwe Cricket was ordered to pay $112 119, 85 to Harare Sports Club.

“On the 28th of August 2018, the arbitrator handed down and made available to the parties his award. In terms of the award, the respondent is to pay the total sum of $112 119, 85 to the claimant,”

Young, however, said ZC has failed, refused or neglected to pay the amount in accordance with the arbitral award, leading to the sports club approaching the court for recourse.

“Notwithstanding demand…the respondent has refused, failed and or neglected to pay the amount due to the applicant in accordance with the arbitral award and thus indebted to the applicant as per the award.

“Accordingly and in order to enforce the award, applicant hereby applies for the registration of the award as an order of this honourable court as provided for in terms of Chapter VIII article 35 of the first schedule to the Arbitration Act (Chapter 7:15 as modified by S.I 28/1996,” Young said.

Besides the $112 000, Harare Sports Club is also demanding $88 119, 85 interest, at the rate of five percent per annum reckoned from December 6, 2016 to the date of full and final payment.

Zimbabwe Cricket has not yet responded to the application filed last Friday. DailyNews