Doves Wins Seven-Year Property Dispute

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By Mary Taruvinga

A LOCAL fabric retail and furniture manufacturing company, Idem Trading (Private) Limited t/a as Eurotex, has been ordered to pay ZW$2 781 543 to Doves Funeral Assurance as compensation for using its property for the past seven years.

The company was served with a notice to vacate back in 2017 but asked for leniency claiming that they were looking for alternative premises.

According to court papers, sometime in 2017, Doves acquired ownership of the property after it had been sold by the Sheriff of Zimbabwe in execution of a court order granted on May 28, 2014.

When Doves bought the property, Eurotex was a sitting tenant of the judgment debtor.

Court papers show that Eurotex asked Doves to continue occupying the property while looking for another place to work from.

Doves then gave notice to Eurotex, which has since expired.

Eurotex, according to court papers, refused to vacate and remained in occupation of the premises thereby preventing Doves from occupying the property.

“The plaintiff has not been able to get value for the property by occupying it for its business and realise more revenue than letting out the property.  A market survey of comparable space as occupied by Eurotex costs ZW$150 000 per month in rentals,” Doves said in the summons filed in 2019.

The judgment was delivered by High Court judge Justice Phildah Muzofa.

“The defendant and all those claiming occupation though it shall vacate the premises, namely stand 125 Robert Mugabe Road, otherwise known as Satcoy House, Harare on or before the 28th of February 2022,” Justice Muzofa said.

“The defendant shall pay as monthly rentals the sum of US$ 3 000 or its equivalent at the official auction rate on or before the first day of each succeeding month. The defendant shall pay ZW$2 781 543  towards arrears rate in six equal instalments with effect  from December 2021,” she said.