Hwange Colliery sues for rentals

HWANGE Colliery Company (HCC) has taken its Harare-based tenant Realty Storm (Private) Limited to court over $11 000 rental arrears.

BY BLESSED MHLANGA

The company has been leasing part of Hwange’s Coal House located in the central business district and accumulated rental arreas of $11 107,07 between January and December last year.

According to court papers filed at the High Court under case 12396/15, the coal-mining firm cited Edmore Mujera as the second respondent after he acted as guarantor to Realty Storm (Private) Ltd debts in the lease agreement.

HWANGE-COLLIERY

“Second defendant bound himself as surety and co-principal debtor for the due performance of the first defendant’s obligations to the plaintiff,” submitted Sande and Atukwa, the lawyers acting on behalf of HCC.

Realty Storm is accused of breaching the contract by going for a year without paying rentals.

“The monthly rentals agreed between plaintiff and first defendant as payable for the leased period was the sum of
$1 460. Realty Storm was also obliged to pay the sum of $650, being a proportionate share of the property’s operating costs,” the court papers read in part.

HCC now wants the lease agreement entered into in 2014 to be cancelled, Reality Storm to be evicted and be ordered to pay the principal debt, interest and legal fees.

“An order for cancellation of the lease agreement … Order directing first defendant and all persons claiming the right of occupation through it to vacate the premises known as 5th Floor Coal House within seven days of service of this order.”

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