Gullivers Nite Club shuts down

HARARE - Zimbabwe National Chamber of Commerce (ZNCC) president Hlanganiso Matangaidze was yesterday evicted from a Jairos Jiri Association-owned building after failing to pay rentals.

The businessman failed to pay rentals for Gullivers, a popular night club in Mutare.

Mutare magistrate Langton Mukwengi granted the eviction order after Matangaidze failed to pay rentals for three months. The figures for the rental arrears were not given in court.

In his ruling, Mukwengi granted Jairos Jiri the eviction order.

“In a nutshell, the application for eviction is hereby granted as prayed for since respondent has no defence to offer,” Mukwengi ruled.

The ruling was made after Jairos Jiri applied for an eviction order. Matangaidze and Jairos Jiri entered into a lease agreement for the night club premises, located at stand number 298 First Street.

Jairo Jiri attached annexures revealing the claims made of overdue payments.

Jairos Jiri also revealed that it had even instituted legal action under case number 1847/13 to recover rentals.

Matangaidze did not challenge the cancellation of the lease or the three months notice.

In his notice of opposition, he claimed that there was no lease agreement between him and Jairos Jiri.

He claimed Gullivers was owned by a company known as Magnetic Enterprises Pvt Ltd, where he was a director. He claimed that Gullivers was a separate entity from him.

But the magistrate ruled that the original lease which names the lessee as Gullivers Nite Club was signed by Matangaidze as the lessee.

“On the addendum, there is no company that is called Magnetic,” the magistrate noted.

“The moment the respondent signed the addendum on behalf of Gullivers Nite Club, it has been revealed that he is responsible for the place and he can be sued in his personal capacity since Gullivers Nite Club is not a company and has no legal persona to talk about.

“Respondent has not disputed that applicant sued him and that applicant was successful under case number 1847/13. Under this case number, respondent was sued representing Gullivers Nite Club by the applicant. On the other hand, respondent has not disputed that indeed three months notice was given for him to vacate the premises. He has not denied that he has failed to pay rentals and that he is arrears.”

The magistrate ruled that Matangaidze signed as a tenant on behalf of Gullivers Nite Club, and therefore could not escape liability.

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GALLERYCARTRIDGES - 21 August 2014

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