Source: Sunshine Development wins Warren Hills Golf club court challenge –Newsday Zimbabwe
A HARARE property developer, Sunshine Development (Pvt) Ltd, has successfully ejected Warren Hills Golf Club from its premises in Warren Park, following their refusal to pay rentals for the premises.The ruling followed refusal by the golf club to pay rentals to the premise.
Warren Hills Golf Club is a voluntary association formed for recreational purposes operating a Golf Club in Warren Park.
In the declaration filed alongside the summons, the property developer said it was the owner of stand number 8113 Warren Park Township of Warren Park, Harare by virtue of deed of transfer 1027483/2008 issued to it by the Registrar of Deeds on September 26, 2008, the very place where the association operates its golf club.
“Defendant (Warren Hills Golf Club) has been in occupation of the premises by virtue of a lease agreement between it and City of Harare, the previous owner of the land, which lease of agreement expired on April 30, 2019,” it said.
“From April 30, 2019 to date, defendant holds no valid lease with the plaintiff (Sunshine Development (Pvt) Ltd) and has spurned all efforts by the plaintiff to sign a lease and has not been paying any rentals to plaintiff.”
The property developer further said the golf club was of the mistaken belief that the land belonged to the City of Harare whereas the land was privately owned.
The developer said despite demands, Warren Hills Golf Club had refused to vacate the property, prejudicing the company of a rental base sum of US$460 per month which is the current monthly rental value of the premises payable in local currency at the equivalent auction rate.
However, Commercial Court judge justice Bongani Ndhlovu granted the order in favor of Sunshine Development company after the Golf Club forced to abandon their plea.
They then consented to Sunshine Development’s claim after note that their defence was weak.
Warren Hills Golf Club through their new lawyer tried to postpone the matter before Justice Ndhlovu but Advocate Tawanda Zhuwarara opposed the application after explaining legal and ethical problems and the court agreed that a further postponement was not permissable as the Golf Club had been delaying the case on many flimsy excuses.
Justice Ndhlovu then ordered the matter to proceed and after consultation with their lawyers the Warren Hills Golf Club abandoned their defence and an eviction order was granted.
Sunshine Development in their summon had sought for the ejectment of Warren Hills Golf Club from the premise saying it’s occupation was unlawful.
They had also sought the payment of US$460 per month payable at the date of payment calculated from the date of the unlawful occupation to the date on which they vacate the premise.
They had also sought a payment of interest on the total holding damages calculated at 5% per annum with effect from the date of final payment.