News / National
MDC-T spokesperson sued for non-payment of Zesa bills
28 Mar 2012 at 05:17hrs | Views
MDC-T spokesperson Mr Douglas Mwonzora is being sued for vacating a house he was renting in Mabelreign, Harare, without clearing electricity and water bills amounting to US$4 820,49.
Mwonzora is reportedly entered into a lease agreement with Mrs Patience Nyemba (nee Munyikwa) in 2004 and he left Number 9 55th Avenue, Haig Park in Mabelreign, in March last year after the expiry of the agreement, leaving behind unpaid electricity and water bills.
The property owner, Mr Mudiwa Previledge Munyikwa, who has since received a final warning for disconnection from the Zimbabwe Electricity Transmission and Distribution Company over the debt, has approached the court seeking an order compelling the legislator to pay.
He is also applying for the politician to pay the water bill to Harare City Council before disconnection of water or institution of legal proceedings.
In a lawsuit filed at the High Court in October last year by Mr Munyikwa's lawyers C Chipame and Associates, the applicant is claiming the amount with interest.
It is stated in the papers that since 2004, Mr Mwonzora, who is also Copac co-chairperson, had been a tenant at the property.
The agreement, according to Mr Munyikwa, was verbal and that it compelled Mr Mwonzora to pay City of Harare's water and rates as well as electricity bills separately from his monthly rentals.
He was supposed to pay the bills each time he received the statements from ZETDC and council.
The agreement, Mrs Munyikwa says, required Mr Mwonzora to open his personal accounts with ZETDC and the municipality wherein he would dutifully deposit the raised bills. But Mwonzora did not comply with such requirement, the applicant contends.
"The defendant proceeded to use water and power on the plaintiff's accounts. It was agreed that the defendant would pay the said bills directly to the respective service providers . . ." read the papers.
Mwonzora reportedly left the premises on March 23 last year without clearing the bills.
Mr Munyikwa discovered the outstanding bills after Mr Mwonzora had already surrendered the keys to the property.
A follow-up on Mr Mwonzora was made and his lawyers Mwonzora and Associates were served with a letter of demand.
It is indicated in the court papers that Mr Mwonzora, through his lawyers, undertook to pay part of the debt by end of July last year.
"This defendant is in breach of the express terms of the lease agreement aforesaid and he has, despite demand, failed, refused and/or neglected to pay the sum to the plaintiff.
"Plaintiff stands to suffer prejudice if the ZETDC and council respectively disconnect power and water supplies.
"Plaintiff also stands to be dragged to the courts for non-payment of bills at the defendant's fault," read the papers.
In the defendant's plea filed at the High Court by Mwonzora and Associates last month, Mr Mwonzora argues that the water bill was as a result of a burst pipe.
"Defendant (Mr Mwonzora) denies that there is a cause of action.
"The water bill was incurred as a result of a burst pipe, which plaintiff had positive duty to repair.
"It was not defendant's duty to maintain the water infrastructure at the leased premises. Wherefore, the defendant prays for dismissal of plaintiff's claim with costs."
Mwonzora is reportedly entered into a lease agreement with Mrs Patience Nyemba (nee Munyikwa) in 2004 and he left Number 9 55th Avenue, Haig Park in Mabelreign, in March last year after the expiry of the agreement, leaving behind unpaid electricity and water bills.
The property owner, Mr Mudiwa Previledge Munyikwa, who has since received a final warning for disconnection from the Zimbabwe Electricity Transmission and Distribution Company over the debt, has approached the court seeking an order compelling the legislator to pay.
He is also applying for the politician to pay the water bill to Harare City Council before disconnection of water or institution of legal proceedings.
In a lawsuit filed at the High Court in October last year by Mr Munyikwa's lawyers C Chipame and Associates, the applicant is claiming the amount with interest.
It is stated in the papers that since 2004, Mr Mwonzora, who is also Copac co-chairperson, had been a tenant at the property.
The agreement, according to Mr Munyikwa, was verbal and that it compelled Mr Mwonzora to pay City of Harare's water and rates as well as electricity bills separately from his monthly rentals.
He was supposed to pay the bills each time he received the statements from ZETDC and council.
The agreement, Mrs Munyikwa says, required Mr Mwonzora to open his personal accounts with ZETDC and the municipality wherein he would dutifully deposit the raised bills. But Mwonzora did not comply with such requirement, the applicant contends.
"The defendant proceeded to use water and power on the plaintiff's accounts. It was agreed that the defendant would pay the said bills directly to the respective service providers . . ." read the papers.
Mr Munyikwa discovered the outstanding bills after Mr Mwonzora had already surrendered the keys to the property.
A follow-up on Mr Mwonzora was made and his lawyers Mwonzora and Associates were served with a letter of demand.
It is indicated in the court papers that Mr Mwonzora, through his lawyers, undertook to pay part of the debt by end of July last year.
"This defendant is in breach of the express terms of the lease agreement aforesaid and he has, despite demand, failed, refused and/or neglected to pay the sum to the plaintiff.
"Plaintiff stands to suffer prejudice if the ZETDC and council respectively disconnect power and water supplies.
"Plaintiff also stands to be dragged to the courts for non-payment of bills at the defendant's fault," read the papers.
In the defendant's plea filed at the High Court by Mwonzora and Associates last month, Mr Mwonzora argues that the water bill was as a result of a burst pipe.
"Defendant (Mr Mwonzora) denies that there is a cause of action.
"The water bill was incurred as a result of a burst pipe, which plaintiff had positive duty to repair.
"It was not defendant's duty to maintain the water infrastructure at the leased premises. Wherefore, the defendant prays for dismissal of plaintiff's claim with costs."
Source - herald
