MTSHIYA J: The
respondent being barred for failure to file heads of argument in terms of the
rules of this court and no application for the upliftment of the bar having
been made, the applicant is entitled to the relief sought:
IT IS ORDERED
THAT:
a)
The cancellation of the agreement of lease between
applicant and respondent in terms of which applicant leased to respondent
premises known as Shop 3 Parklane Building, Corner Julius Nyerere and Sam
Nujoma Street located on Stand No. 1373
F, I and J, Harare, Zimbabwe is hereby confirmed.
b)
The respondent together with its subtenants, assignees,
invitees and any other persons claiming through respondent are hereby forthwith
ordered to vacate applicant's premises being Shop 3, Parklane Building,
Corner Julius Nyerere and Sam
Nujoma Street located on Stand 1373 F, I and J Harare,
Zimbabwe.
c)
In the event that the respondent together with
subtenants, assignees, invitees and any other persons claiming through
respondent fails to vacate forthwith from applicant's premises described in (a)
above, the Sheriff of Zimbabwe or his lawful deputy be and are hereby
authorized to evict respondent together with its subtenants, assignees,
invitees and any other persons claiming through respondent from applicant's
premises described in (a) above.
d)
The respondent shall pay damages for continued
occupation by respondent of applicant's premises at the rate of US$300.00 for
rent and US$50.00 for operating costs per month from 26 May 2010, to date of
respondent's ejectment.
e)
Interest thereon at the rate of 5% per annum from 26
May 2010 to date of payment in full; and
f)
Costs of suit at Legal Practitioner and client scale.
Gill, Godlonton &
Gerrans, applicant's legal practitioners
Manase & Manase, respondent's legal practitioners
