Douglas Mwonzora, a politician, and his law firm, Mwonzora and Associates, were in a difficult situation last week. The firm's property in Belvedere was attached because it owed three months' worth of rent. The amount owed was US$3750, which had accumulated from July to September of this year.
Simon Denhere, the plaintiff, had issued summons to Mwonzora on September 19, demanding the payment of the rentals. Denhere then applied to the Harare Civil Court on an ex parte basis, meaning that Mwonzora was not present. The court granted Denhere permission to attach the firm's property.
The Messenger of Court attached the property last Tuesday, which included sofas, a reception desk, an office desk, four computers, two printers, office chairs, and a generator. This action was taken under Section 34 of the Magistrate Court Act. The act allows landlords to attach their tenants' property without notice if the tenant fails to pay rent. This is done to prevent tenants from leaving the property without paying what they owe.
Denhere also applied to have the law firm evicted from the property at No. 44 Eastcourt Road, Belvedere, Harare. If Mwonzora wants to keep his property, he is expected to pay US$1250 in holding over damages.
Mwonzora has responded by filing an urgent chamber application to discharge Section 34 of the Magistrate Act. The matter is set to be heard tomorrow. In his application, Mwonzora argues that Denhere did not need to proceed with an ex parte application. He also believes that it was wrong for the Messenger of Court to remove the property in question, which includes case files of his clients who are not involved in the issue.
Simon Denhere, the plaintiff, had issued summons to Mwonzora on September 19, demanding the payment of the rentals. Denhere then applied to the Harare Civil Court on an ex parte basis, meaning that Mwonzora was not present. The court granted Denhere permission to attach the firm's property.
The Messenger of Court attached the property last Tuesday, which included sofas, a reception desk, an office desk, four computers, two printers, office chairs, and a generator. This action was taken under Section 34 of the Magistrate Court Act. The act allows landlords to attach their tenants' property without notice if the tenant fails to pay rent. This is done to prevent tenants from leaving the property without paying what they owe.
Denhere also applied to have the law firm evicted from the property at No. 44 Eastcourt Road, Belvedere, Harare. If Mwonzora wants to keep his property, he is expected to pay US$1250 in holding over damages.
Mwonzora has responded by filing an urgent chamber application to discharge Section 34 of the Magistrate Act. The matter is set to be heard tomorrow. In his application, Mwonzora argues that Denhere did not need to proceed with an ex parte application. He also believes that it was wrong for the Messenger of Court to remove the property in question, which includes case files of his clients who are not involved in the issue.
