News / National
Wicknell Chivayo fights eviction
24 Oct 2018 at 14:07hrs | Views
Controversial businessman Wicknell Chivayo has approached the High Court seeking to stop his eviction from a property that he bought from a local company, which now claims he did not pay for other part of the property that he is occupying.
In the application, Chivayo is the applicant, while Five Chisholome Road Freeholder (Private) Limited and the Sheriff of the High Court, are the respondents.
The company is seeking to evict Chivayo, through an order which was granted in default, which the businessman is now seeking to have rescinded.
"I came to know of the ejectment processes on the 16th of October 2018, when the notice of removal and writ of ejectment together with the order were served on me. I should also state that the notice of removal states that I am to be evicted from the property I purchased being No. 4 Rikitayi Villas, five Chisholme Road, Ballantyne Park. Clearly this notice cannot stand. It even runs contrary to the agreement of the parties and the allegations made," Chivayo said.
He said the court order was not specific on how the eviction order has to be applied.
The businessman blamed his erstwhile lawyers on his failure to file responses to the application, culminating in an order for his eviction.
In terms of the contract, any dispute arising from the contract was to be referred to arbitration, which arbitration has since ruled in favour of the company.
Chivayo's both applications for seeking to stay the eviction and rescission of judgment are still pending before the High Court.
In the application, Chivayo is the applicant, while Five Chisholome Road Freeholder (Private) Limited and the Sheriff of the High Court, are the respondents.
The company is seeking to evict Chivayo, through an order which was granted in default, which the businessman is now seeking to have rescinded.
"I came to know of the ejectment processes on the 16th of October 2018, when the notice of removal and writ of ejectment together with the order were served on me. I should also state that the notice of removal states that I am to be evicted from the property I purchased being No. 4 Rikitayi Villas, five Chisholme Road, Ballantyne Park. Clearly this notice cannot stand. It even runs contrary to the agreement of the parties and the allegations made," Chivayo said.
He said the court order was not specific on how the eviction order has to be applied.
The businessman blamed his erstwhile lawyers on his failure to file responses to the application, culminating in an order for his eviction.
In terms of the contract, any dispute arising from the contract was to be referred to arbitration, which arbitration has since ruled in favour of the company.
Chivayo's both applications for seeking to stay the eviction and rescission of judgment are still pending before the High Court.
Source - dailynews
