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Fidelis Munyoro Chief Court Reporter—
Deputy Chief Justice Luke Malaba has sold an assortment of household property of a former tenant to recover more than $8 000 in rent arrears and holding over damages to the property. Justice Malaba last year obtained a High Court order to eject Mr Peter Makiwa from his property, Travel Plaza, which is along Lovenham Street in Bluffhill.

The deputy chief justice who was being represented by his lawyer, Mr Norman Bvekwa, obtained a writ of execution against Mr Makiwa’s movable property, which he then auctioned in a bid to recover his dues.

The property auctioned recently included a nexus generator, microwave, samsung upright refrigerator, six chairs, table, a set of green sofas, display unit, samsung television set, TV stand, Ecco home theatre, a computer among others.

High Court judge Justice Erica Ndewere in November last year granted an application by Justice Malaba compelling Mr Makiwa to pay him $4 100 for outstanding rentals and $500 for holding over damages.

Mr Makiwa was also ordered to pay interest at the prescribed rate per annum on both amounts starting from September 1 2014 to the date of eviction.

After Mr Makiwa failed to honour the lease agreement, Justice Malaba canceled the agreement between the parties, which was later to be confirmed by the High Court.

“Defendant and all those claiming rights of occupation through him be and is hereby evicted from 2378 Lovenham Street, Blufhill, Westgate, Harare,” reads the order by Justice Ndewere.

“Judgment be and is hereby entered for plaintiff in the sum of $4 100 for arrears rentals. Defendant pays a sum of $500 per month for holding over damages from September 1, 2014 to date of vacation.”

Mr Makiwa defied the High Court order leaving Justice Malaba to approach the same court for a writ of execution of the movable property. At the time the property was put under hammer the debt was running to over $8 000.

The dispute started when Mr Makiwa and Justice Malaba entered into an agreement of lease on terms and conditions agreed by both parties.

The lease commenced on June1 last year for a period of two years to May 31, 2016. The rentals would be reviewed yearly to market level.

Justice Malaba’s property was managed by Bard Real Estate agents. In breach of the agreement, Mr Makiwa did not pay in full accruing rent arrears to the tune of $4 100.

This resulted in Justice Malaba cancelling the deal in terms of the agreement three months later.

After cancellation of the agreement, Mr Makiwa became an illegal occupant of the property attracting holding over damages.