THE High Court has okayed the eviction of Kingstons Holdings (Pvt) Limited trading as R Joenstone and Text Book Sales from their rented building at the National Railways of Zimbabwe (NRZ) premises over rental arrears.
BY SILAS NKALA
The order was made by Bulawayo High Court Judge Justice Nokuthula Moyo on January 15 after the NRZ filed summons seeking the eviction of the companies from its premises at Bulawayo Centre after the booksellers accrued a total of $31 400 in unpaid rent.
The NRZ is claiming $31 426, 81 in respect of outstanding rentals as at April 2015, $341, 49 and damages of $850 with value added tax.
Justice Moyo in her order said, “After reading documents filed of record it is ordered that the Lease Agreement between the plaintiff (NRZ) and the defendants (Kingstons and Textbook Sales) be and is hereby cancelled. An order directing defendants’ eviction from Shop 2 Bulawayo Centre JM Nkomo Street and 9th Avenue Bulawayo and all persons claiming title or occupation through these be and is hereby granted.”
She then ordered Kingstons and Textbook Sales to pay NRZ the outstanding amounts stated and the cost of the lawsuit.
In its claim, NRZ stated that on November 15, 2015 it entered into a lease agreement for Shop number 2 at the Bulawayo Centre with PEIC Ltd trading as Copy First and sometime in October NRZ was advised by the company that the entire shareholding was acquired by Kingston Holdings and the lease had to be changed to Kingston Holdings’ names.
NRZ states that Kingstons continued to lease the premises to Textbook Sales and the two had several addendums which also shows that Kingstons was receiving rentals.
The current rentals are said to be $650 per month excluding value added tax and the rent was payable without deductions monthly at the Knight Frank offices in Bulawayo.
NRZ was later advised to pay VAT for its property and it cancelled the lease which was disputed by Kingstons and vowed to remain at the premises. Kingstons was allowed to use the premises for stationary equipment, photocopying machine and ancillary goods storage.
NRZ indicated that they approached Kingstons and Textbook Sales for payment to no avail. The parastatal said in breach of the lease agreement Kingstons has failed to pay the rentals of $31 426, 81 and $341, 49 operating costs.