THE High Court has struck off the roll a case in which former Zimbabwe international footballers – Dickson Choto, Justice Majabvi and David Sengu – are accused of owing more than $320 000 in rental arrears.
The trio, together with Four Prosper Investments (Pvt) Ltd, were summoned to court last year.
According to papers, Zimre Property Investments Limited, on January 1, 2021, entered into a lease agreement with Four Prosper Investments (Pvt) Ltd, who were represented by Choto.
The agreement, which would last for 12 months, gave the trio access to a property known as Suite 308, 3rd floor, Old Shell House, at number 57 Nelson Mandela Avenue.
The arrangement was that Four Prosper Investments (Pvt) Ltd would pay $32 000 as rentals and operating costs monthly, and in advance.
However, the trio is believed to have failed to honour the agreement and the balance shot to $243 314, by May 1.
The former footballers acknowledged the debt but failed to settle the arrears.
“On May 18th, Four Prosper Investments acknowledged its indebtedness in writing and pledged to settle the arrears.
“As at June 1, the trio had accrued further arrears and the total due was $322 893, 53.
“On June 10th, 2021, Zimre Property Investments Limited cancelled the lease agreement and advised that it would be proceeding to claim for eviction, rental arrears, operating costs, interest thereon, legal fees and the collection commission in terms of the lease agreement,” read the summons.
Choto and others have remained in occupation of the office.
Justice Tawanda Chitapi struck the matter off the roll.
“The matter be and is hereby struck off the roll of chamber applications. The relief sought is not contemplated in the old rule 57 of Order 9.
“A chamber application, in terms thereof, should relate to a claim for a ‘debt or liquidated demand only’.
“That is a claim sounding on money.
“If advised, the applicant may set down the matter on the unopposed motion roll,” ruled the judge.
