News / National
Mugabe's ex-minister evicted over breach of contract
08 Jan 2019 at 04:24hrs | Views
Former Health and Child Care minister David Parirenyatwa, who was last year taken to court for failing to settle a $291 000 outstanding balance for a house he bought in 2014, has been ordered by the High Court to vacate the property after failing to defend the litigation.
The location of the property was, however, not mentioned in the court papers.
Parirenyatwa was in November 2018 issued with summons by three local businessmen, Divaliben Patel, Sharmila Parbhubhai Patel and Umeshkumar Parbhuba Patel, but failed to enter appearance to defend, prompting the trio to apply for a default judgment in December 2018.
The matter was subsequently presided over by High Court judge Justice Isaac Muzenda on December 19, 2018, whereupon he issued an order in his chambers evicting the former minister from the house and also slapped him with costs on a high scale.
"Whereupon after reading documents filed of record, it is ordered that the agreement of sale for stand 5163 Salisbury Township, of Salisbury Township lands, measuring 3 150 square metres and the improvements thereon entered between plaintiffs (the Patels) and defendant (Parirenyatwa), be and is hereby cancelled," Muzenda said.
"Defendant and all those claiming occupation through him are hereby evicted from the property. Defendant is ordered to pay costs of suit on an attorney and client scale."
According to the court papers, the three, through their lawyers, Muronda and Malinga Legal Practitioners, had filed the litigation accusing Parirenyatwa of breaching an agreement entered into between the parties on April 8, 2014.
In their joint declaration, the three said on the date in question, when the agreement was signed for the purchase of the property, they were represented by one Armutlal Patel.
They said the two parties had agreed on a $400 000 purchase price, but Parirenyatwa is said to have paid $109 000, leaving a balance of $291 000.
The plaintiffs said when they sealed off the deal, the former minister undertook to pay the money through a CABS mortgage bond within 21 days from the date of signing of the agreement of sale, but reneged on his obligation.
According to the businessmen, Parirenyatwa breached the agreement by failing to settle the balance of the purchase price and to rectify the breach even though he was, on several occasions, called upon to do so.
They also said despite demand, Parirenyatwa had refused and/or neglected to pay the outstanding balance and to vacate the property.
The location of the property was, however, not mentioned in the court papers.
Parirenyatwa was in November 2018 issued with summons by three local businessmen, Divaliben Patel, Sharmila Parbhubhai Patel and Umeshkumar Parbhuba Patel, but failed to enter appearance to defend, prompting the trio to apply for a default judgment in December 2018.
The matter was subsequently presided over by High Court judge Justice Isaac Muzenda on December 19, 2018, whereupon he issued an order in his chambers evicting the former minister from the house and also slapped him with costs on a high scale.
"Whereupon after reading documents filed of record, it is ordered that the agreement of sale for stand 5163 Salisbury Township, of Salisbury Township lands, measuring 3 150 square metres and the improvements thereon entered between plaintiffs (the Patels) and defendant (Parirenyatwa), be and is hereby cancelled," Muzenda said.
"Defendant and all those claiming occupation through him are hereby evicted from the property. Defendant is ordered to pay costs of suit on an attorney and client scale."
In their joint declaration, the three said on the date in question, when the agreement was signed for the purchase of the property, they were represented by one Armutlal Patel.
They said the two parties had agreed on a $400 000 purchase price, but Parirenyatwa is said to have paid $109 000, leaving a balance of $291 000.
The plaintiffs said when they sealed off the deal, the former minister undertook to pay the money through a CABS mortgage bond within 21 days from the date of signing of the agreement of sale, but reneged on his obligation.
According to the businessmen, Parirenyatwa breached the agreement by failing to settle the balance of the purchase price and to rectify the breach even though he was, on several occasions, called upon to do so.
They also said despite demand, Parirenyatwa had refused and/or neglected to pay the outstanding balance and to vacate the property.
Source - newsday
