CCC linked tenant wins court case against eviction by landlord
By Silas Nkala | NewsDay |
A Kadoma businessman linked to the opposition Citizens Coalition for Change (CCC) has been given the nod by the courts to return to his rented shop after he was evicted for supporting the opposition.
Nicholas Marufu recently filed an application for spoliation against a Kadoma businesswoman Memory Simango at the Kadoma Magistrates Court after Simango evicted him from the butchery for his links with the CCC party.
Marufu then sought a court order to compel her to allow him access to the shop and refrigerators.
He cited Simango and the messenger of court as respondents.
The court granted the application and ruled that Simango should immediately, upon receiving the interim order, restore Marufu’s access to the shop for full operation pending her application to oppose the ruling.
The interim court order dated May 11 states: “A rule nisi returnable to the court sitting at Kadoma on May 27, matter may be heard calling upon respondent to show cause if any, why a final order should not be made that the first respondent (Simango) be, and is hereby ordered to allow applicant and his agents possession and undisturbed occupation, use of the refrigerators, butchery and shed at Tandara Shops, Prison Turnoff, Ingezi, Kadoma.”
The court further stated that Simango be ordered to allow applicant access to utilities essential to run his business. She was also ordered to meet the costs of the suit.
The interim court order noted that the landlady should remove any impediments that may hinder Marufu’s access to the shop and utilities and remove padlocks from the refrigerators.
It further stated that if she defied the order, the messenger of court would be ordered to enlist the services of a locksmith and a welder to use force to remove all impediments to allow Marufu to operate.
Simango should respond to the ruling by May 27. However, on Wednesday, Marufu said she had already complied with the interim order.
“Sanity has finally prevailed; Simango has complied with the court order. She is no longer preventing me from operating,” Marufu said.
He said the problem started on April 23 when CCC supporters were seen buying meat from his butchery while wearing party regalia. Following the incident Marufu was then given notice to vacate the property.
Simango, however, disputed Marufu’s claims, accusing him, instead, of being a bad tenant.
“He has not been paying rent for four months. He is supposed to pay US$50, but is failing to do so. People also complained that the business premises were being used for political gatherings.
“I called him to discuss the matter, but he failed to turn up. I later locked the fridge at the shop hoping that he would come to meet me so that we could talk, but he did not. He, instead, shamelessly went to the shop and broke the fridge lock. He is a problem. Worse still, he has no butchery or shop licence; he rides on mine,” Simango said.