KAMOCHA J: This application was dismissed after hearing arguments
from legal practitioners of the respective parties.
The matter was firstly brought to this court on a certificate of urgency on 3
December 2012. I held the view that the application was not urgent and
did not deserve to jump the queue. I accordingly refused to accord it the
status of an urgent application.
Seven days later on 10 December the applicant filed it again on another
certificate of urgency seeking the same relief as before. The only
difference in the circumstances was that execution this time was imminent.
The applicant sought to interdict the respondent from evicting it and its hotel
business from the leased premises being Shamwari Hotel, Robert Mugabe Way,
Kwekwe pending appeal.
The parties appeared in the Kwekwe Magistrates' Court on 1 August 2012 where
the present applicant was ordered to vacate the said premises within 30 days of
the court order. Kwekwe Properties (Pvt) Ltd sought and was granted leave
to execute pending appeal.
What is clear from the documents filed of record is that the present applicant
has no legal right to still occupy the rented premises. It has no defence
to the plaintiff's claim. All it was seeking from the plaintiff was an
indulgence. It sought to be given 90 days instead of 30 days within which
to vacate the leased premises with effect from 23 November 2012 to 24 February
2013. It stated that in the event of it failing to vacate within that period,
then plaintiff would be entitled to evict it. Its proposal did not find
favour with the plaintiff.
The applicant has brought this application because execution is imminent.
The plaintiff is within its rights to have the defendant evicted from the
leased premises.
A matter does not become urgent because a court judgment is about to be
implemented. There is no reason in casu why execution should not
be carried out.
This matter, therefore, is not urgent and is ipso facto dismissed.
Muhonde Attorneys, applicant's legal practitioners
Job
Sibanda & Associates, 1st
respondent's legal practitioners
