TRACY LEE FLEINER
ALBURY DEANIS FLEINER
SHAY FLEINER (nee SAYEED)
HIGH COURT OF ZIMBABWE
HARARE, 11 March, 11 April 2018 & 23 May 2018
R Stewart, for the plaintiff
T R Mugabe, for the defendants
MUNANGATI-MANONGWA J: The plaintiff and first defendant are former spouses having divorced in 2006. They jointly own the former matrimonial home being No 10 Loerie Lane Borrowdale. The first defendant and his new wife the second defendant, occupy the property. The plaintiff issued summons against the first defendant in July 2016 seeking payment of US$10 400 (ten thousand four hundred United States of America dollars) being rentals for the occupation of the aforementioned property for the period between March 2015 to July 2016. The second defendant was roped in through an order for joinder. By way of an amendment the defendant further seeks payment by the defendants of $650-00 per month as rent from July 2016 to the date the property known as No 10 Loerie Lane is disposed or until the defendant’s spouse vacates the property which ever shall occur first. The claim is contested.
The first defendant raised a counter-claim wherein he seeks a declaration that a certain clause being 3.2 of the consent paper entered into between the parties applies only to the defendant in-reconvention while she is residing at the property and not vice versa. He further seeks a refund of US$46 800-00 (forty six thousand eight hundred United States Dollars) and interest thereon being rentals he paid to defendant in reconvention as monthly rentals at US$650-00 per month. The counter-claim is contested.
The agreed issues for determination are
- Whether or not the plaintiff is entitled to the monthly rental of $650-00 for the property known as No 10 Loerie Lane Borrowdale.