Published: 02 August 2017

THE Mining Industry Pension Fund (MIPF) has taken the Ministry of Primary and Secondary Education to court seeking an eviction order over a debt of more than $270 000 in unpaid rentals and other operational costs at its building in Masvingo.

The MIPF has through its lawyers, Dube-Tachiona and Tsvangirai Legal Practitioners, filed summons at the Bulawayo High Court seeking an order compelling the Ministry of Primary and Secondary to pay $274 439 being rent arrears for occupying First Floor at Wigley House building in Masvingo.

In papers before the court, the Ministry of Primary and Secondary Education and Mr Joshua Murire, who is a co-principal debtor and surety of the Ministry, were cited as defendants.

The Ministry entered into a lease agreement with MIPF in June 2009. In terms of the agreement, the monthly rent is $1 000 while the operational costs were pegged at $1 200 per month. The rent was reviewed in July 2011 to $6 280.

MIPF said the Ministry of Primary and Secondary Education has breached the lease agreement. The property owner said despite demand, the Ministry has neglected, failed or refused to pay the money

"On June 28, 2017, the plaintiff demanded payment of the arrear rentals and operational costs and 14 days later, in terms of the lease agreement, first defendant (Ministry of Primary and Secondary Education) refused, neglected and failed to pay as per demand. The plaintiff is entitled to the payment of arrear rentals and operational costs totalling $274 439 and defendants have a duty to pay the money," said the MIPF lawyers.

MIPF wants to cancel the lease agreement and evict the Ministry.

"The plaintiff is further entitled to the cancellation of the lease agreement and the eviction of the first defendant and all those claiming the leased premises through it. The plaintiff is also entitled to payment of monthly holdover damages in the equal sum to monthly rentals and operational costs calculated from April 2017 to date of eviction," said MIPF in its summons.

In the event that the MIPF is granted the order, it wants the Ministry to be evicted from its premises within five days of the service of the court order.

The MIPF also wants the Ministry to pay interest on the rental arrears and legal costs.

The defendants are yet to respond.
- chronicle