News / National
Cuthbert Dube struggle to pay $2 000 per month rentals, taken to court
26 Oct 2015 at 07:35hrs | Views
FORMER Premier Service Medical Aid Society (PSMAS) chief executive officer and Zifa board chairman, Cuthbert Dube has been taken to the High Court by his landlord over rent arrears amounting to $33 000 for a commercial building in Chitungwiza.
The property owner, Dhriglal Gandabhai, filed summons against the ousted Zifa boss last month, accusing him of failing to honour his contractual obligations for use of a building located at stand number 1140 in Unit G, Seke.
In his declaration under case number HC8604/15, Gandabhai said he has an operative lease agreement with Dube, where the latter was supposed to pay $2 000 per month.
He said Dube defaulted between May last year and July this year, triggering the legal action.
"On July 17, 2015, the defendant (Dube) undertook to pay the rentals plus collection commission of $3 000 on or before July 30, 2015. The total amount due is $33 000.
"The defendant breached his undertaking to pay the debt and is, therefore, liable to the plaintiff for the said sum of $33 000.
"The defendant has unnecessarily put plaintiff out of pocket in pursuing this simple and straightforward matter. Plaintiff avers that defendant ought to be penalised with costs on a scale of attorney and client."
Dube said the lease was operative and there was no basis for Gandabhai to issue summons against him.
"The amount is not outstanding. The defendant has been paying rent timeously and there are no rental arrears.
"Plaintiff has instituted proceedings unjustifiably. Defendant has been leasing the premises for the past 30 years. Plaintiff is taking advantage that the defendant has been receiving adverse reports in the newspapers."
Contrary to claims that he was not in arrears, Dube through a letter dated July 17, 2015, addressed to Gandabhai, pledged to settle the debt on condition he was not evicted.
"In consideration of your refraining from bringing legal proceedings against me for eviction as referred to in the letter to me dated July 15, 2015 from Messrs Kantor & Immerman, I undertake, as follows; to pay $30 000 plus 10% collection commission on or before 30 July 2015," part of the letter reads.
"I undertake to pay subsequent rentals before the first day of each month. If I fail to pay the sums referred to in paragraph 1 and 2 above, I shall vacate the premises."
The matter is still at the pre-trial stage.
The property owner, Dhriglal Gandabhai, filed summons against the ousted Zifa boss last month, accusing him of failing to honour his contractual obligations for use of a building located at stand number 1140 in Unit G, Seke.
In his declaration under case number HC8604/15, Gandabhai said he has an operative lease agreement with Dube, where the latter was supposed to pay $2 000 per month.
He said Dube defaulted between May last year and July this year, triggering the legal action.
"On July 17, 2015, the defendant (Dube) undertook to pay the rentals plus collection commission of $3 000 on or before July 30, 2015. The total amount due is $33 000.
"The defendant breached his undertaking to pay the debt and is, therefore, liable to the plaintiff for the said sum of $33 000.
"The defendant has unnecessarily put plaintiff out of pocket in pursuing this simple and straightforward matter. Plaintiff avers that defendant ought to be penalised with costs on a scale of attorney and client."
"The amount is not outstanding. The defendant has been paying rent timeously and there are no rental arrears.
"Plaintiff has instituted proceedings unjustifiably. Defendant has been leasing the premises for the past 30 years. Plaintiff is taking advantage that the defendant has been receiving adverse reports in the newspapers."
Contrary to claims that he was not in arrears, Dube through a letter dated July 17, 2015, addressed to Gandabhai, pledged to settle the debt on condition he was not evicted.
"In consideration of your refraining from bringing legal proceedings against me for eviction as referred to in the letter to me dated July 15, 2015 from Messrs Kantor & Immerman, I undertake, as follows; to pay $30 000 plus 10% collection commission on or before 30 July 2015," part of the letter reads.
"I undertake to pay subsequent rentals before the first day of each month. If I fail to pay the sums referred to in paragraph 1 and 2 above, I shall vacate the premises."
The matter is still at the pre-trial stage.
Source - NewsDay
