COGHLAN & WELSH LEGAL PRACTITIONERS BARCLAYS BANK BUILDING. SPRAVENUE/ UMN AKOMO STREET Posoxz BULAWAYO Sern i Ere sengcoghlanancweisn com IN THE MAGISTRATES COURT * CASENO. 17 FOR THE PROVINCE OF MATABELELAND HELD AT BULAWAYO In the matter between:- sy CHILDLINE ZIMBABWE APPLICANT. And LOC DISTRIBUTORS (PRIVATE) LTD RESPONDENT APPLICATION FOR SUMMARY JUDGMENT 07 DEC 2017 BED SRAMTEHRE - Pe. BAMAIN THE MAGISTRATES COURT FOR THE PROVINCE OF MATABELELAND HELD AT BULAWAYO In the matter between:- CASENO. //17 » CHILDLINE ZIMBABWE APPLICANT And LOC DISTRIBUTORS (PRIVATE) LTD RESPONDENT INDEX item Description Annexure Page 1 Application for Summary Judgment 12 2 Founding Affidavit 36 3. Resolution Annexure “A” 7 4 Summons & Particulars of claim 818 5 Notice of Appearance to Defend 19 6 Summons & Declaration - HC 1686/17 20-26 x Letter dated 1 December 2017 27 a Draft OrderIN THE MAGISTRATES COURT CASE NO. 7525/17 FOR THE PROVINCE OF MATABELELAND HELD AT BULAWAYO In the matter between:- CHILDLINE ZIMBABWE APPLICANT And LOC DISTRIBUTORS (PRIVATE) LTD RESPONDENT APPLICATION FOR SUMMARY JUDGMENT TAKENOTICE THAT the Applicantwill on the JA. day of OFCEMOL, at 30 am/yf@ make an Application for Summary Judgment before this “Honourable Court FURTHER TAKE note that the Affidavit of Doris Luwaca and documents filed of record will bbe used in support thereof, Further take note that if the Respondents wish to oppose this Application, they should file a Notice of Opposition at least 48 hours before the set down date, DATED AT BULAWAYO THIS 6™ DAY OF DECEMBER 2017, BA COGHIAN& WELSH Applicant's Legal Practitioners 2 Floor Barclays Bank Building JMN Nkomo Street/Bighth Avenue BULAWAYO (NM/fd/19C0028/99To: AND TO . THE CLERK OF COURT Magistrates Court BULAWAYO MESSRS LIBERTY MCIJO AND ASSOCIATES Defendant's Legal Practitioners No. 54 Herbert Chitepo Between 3+ and 4* Avenue BULAWAYO (Mr L. Meijo/sb)IN THE MAGISTRATES COURT CASENO. 17. FOR THE PROVINCE OF MATABELELAND HELD AT BULAWAYO In the matter between:- CHILDLINE ZIMBABWE APPLICANT And LOC DISTRIBUTORS (PRIVATE) LID RESPONDENT K APPLICANT’S FOUNDING AFFIDAVIT 1 the undersigned, DORIS VUYISWA LUWACA, do hereby make oath and State as follows: ~ 1am the Regional Manager for the Applicant based in Bulawayo and it is in that capacity that I depose to this affidavit as well by virtue of a resolution of the applicant attached herewith as Annexure “A” All the facts set out hereunder are, within my personal knowledge, belief and understanding and I swear that they are true and accurate. Where I make depositions on legal aspects, it is done on the advise of my legal practitioners which advise I accept. Applicant's address for service is Messrs Coghlan & Welsh, 8" Ave J.M.N. Nkomo Street, Bulawayo, The parties are as set out in the summons and particulars of claim under Case No. 7525/2017. The Respondents address for service is c/o Mecijo & Associates, No 54 Herbert Chitepo, Between 3 and 4% Avenue, Bulawayo.4, 5. This is an Application for Summary Judgment in terms of Order 15 of the Magistrate's Court Civil Rules of 1980. I hereby verify the cause of action as set out in the particulars of claim to the summons. By reference, Thereby incorporate the summons and particulars of claim. ‘The basis of this Application is as follows: 61 62 63 Application is the registered owner of certain piece of land situated in the district of Bulawayo being stand 998 Bulawayo Township measuring 1190 square metres and the same is registered under deed of transfer No. 1172/2017 and is also known as No. 8 Herbert Chitepo Street, Bulawayo. A copy of the deed of transfer is attached to the summons as Annexure one, Respondent is in occupation of Applicant's said premises through a tenancy arrangement and Agreement with the former owner one Irene Vas. Again a copy of the Agreement with respect to that tenancy is attached to the summons as Annexure “B”. Soon after acquiring the property and receiving transfer, and on the 27% of July 2017, Applicant through a letter which was delivered on the 31+ of July 2017, advised the Respondent that: a) Itwas now the new owner of the property b) That it required the property for its own use c) That it was giving Respondent three (3) calendar months notice from the 1* of August to the 31* of October to vacate the premises.4) That for the period of that notice, Respondent would pay Applicant $300,00 in rentals which was consistent with what Respondent was Paying to the former owner of the property. 9. The said notice letter is Annexure “C’ of the summons. 10. After the expiry of the notice period, Respondent did not vacate the premises and in fact never paid any of the sums due to the Applicant in terms of rentals, 11, Owing to Respondent's failure to vacate the premises, Applicant instituted summons for ejectment as well as payment of the rentals as well as holdover damages from the date of summons to date of Defendant's ejectment. 12, Whilst Respondent has entered Appearance to Defend, it is Applicant's belief that the said Appearance has been entered to waste time as, clearly, the Respondent has no defence to the claim. More specifically I say so for the following reasons: 111 Applicant is the registered owner of the property in question. I have been advised, which advise I accept, that the registration of title in a person's name constitutes registration of a real right in the name of that person. I am further advised that the real right is a right in a thing which entitles the holder to vindicate his right, that is, to enforce his right in the thing for his own benefit as against the whole world, that is against all persons whatsoever. This is exactly what Applicant seeks to do. 11.2 I am further advised that its inherent in the nature of ownership that possession of property owned should be with the owner. This is what applicant is seeking herein,113 Lam further advised, that Respondent absolutely has no claim against the Applicant and as such cannot seck to stay in Applicant's property when there is no such claim. J am also advised, that infact Applicant has instituted proceedings at the High Court seeking compensation from the former owner of the property for developments supposedly effected upon the property. Out of interest, a copy of those summons are attached herewith as Annexure “D”, As would be evident herein, there is no claim as against the Applicant. 13. In the circumstances, I am advised and I make the submission, that this is a proper case for Summary Judgment as Respondent absolutely has no defence to the claim by the Applicants, WHEREFORE, | pray for an order in terms of the draft, THUS DONE AND DATED AT BULAWAYO THIS 47 DAY OF DECEMBER 2017. BY ME; BEFORE ME; COMMISSIONER OF OATHSCHILDLINE ZIMBABWE vein HILDLINE HARARE. St Frané Johnson Avenue, Easties * O box C1400, Causeway, Harare i +268 (4) 796741, (4) 72975 ‘ae +268 (4) 252000 mal: reception@ichigine organ, Website: wwwchildireorg20 (CHILDLINE BULAWAYO 4A Samuel arronyanwa Steet «PO box 1726, Bulawayo ‘ek +263 (9) 888081 Fax: +268 (9) 880052 syoBehidine ora RESOLUTION OF THE DIRECTORS OF CHILDLINE ZIMBABWE TAKEN AT BULAWAYO ON THE 6™ DECEMBER 2017 IT RESOLVED THAT - DORIS VUYISWA LUWACA 1D NO. 63-73111P63 be’and is hereby authorised to act on behalf of CHILDLINE ZIMBABWE in the matter between Childline Zimbabwe vs LOC Distributors (Private) Limited Case No. 7525/2017, Ghe is also further authorised to sign all documents as may be necessary. Certified a true copy. fe. MATABELELAND REGION CHAIRPERSON> e ty a Op SUMMONS COMMENCING ACTION wnCASE NO.1S2S /2017 MAGISTRATE’S COURT FOR THE PROVINCE OF MATABELELAND NORTH ELD AT BULAWAYO PLAINTIFF: CHILDLINE ZIMBABWE And DEFENDANT: LOC DISTRIBUTORS (PRIVATE) LIMITED i No.§ Herbert Chitepo Street, Bulawoayo You are hereby summoned that you do within 7 days after the service of this summons upon you, enter or cause to be entered with me also the Plaintiffs or their Astomey at the address specified herein an appearance (ie file a notice of intention to ‘THat Judgment be and is hereby granted in favour of Plaintiffs against the Defendant, for: '9) Defendant's ejectment from Stand No. 998 Bulavrayo Township, also known as No. 8 Herbert Chitepo Street, Bulawayo. \b) Payment of $900,00 with respect to rentals £) Payment of $300,00 being hold over damages from dated of summons to date of Defendant's ejectment. @ Costs of suit atan attorney and client scale.The Defendant is in occupation of the same Property. Its occupation was trough a tenancy arrangement or agreemeht with the former owner one Irene Vas. A copy of the said agreement is attached as Annexure “B”, On the 27% of July 2017, through a letter ‘which was delivered on the Defendant on the 31 of July 2017, the Plaintiff advised the Defendant that: a) Itwas now the new owner of the ‘property. ©) That it required the property for its ovin use. ©) That it was giving Defendant three (3) calendar month’s notice from the + of August to the 31* of October to vacate the Property. ©) That for the duration ofthe notice period, Defendant ‘would have to pay The letter referred to above is attached as Annexure nee ~The notice period has expired, but Defendant has not vacated the premises, In fact Defendant has not even been paying thé $900,00 per month during the notice period, Accordingly, Plaintiff seeks an order for Defendant's ejectment from the said * Prepsrty as well as payment of the rentals of $300,00 as well.as holdover damages’ of $500,00 per month from the date of summons to the date of Defendant's ejectment. 2WHEREOF, Plaintiff's prayer is for: 4) Defendant's ejectment from Stand No, 998 Bulawayo Township, also known as No. 8 Herbert Chitepo Street, Bulawayo. b) Payment of $900,00 with respect to rentals ©) Payment of $300,00 being hold over damages from dated of summons to date of Defendant's ejectment. 4) Costs of suit at an attorney and client scale, DATED AT BULAWAYO THIS THE 6™ DAY OF NOVEMBER 2017 MESSRS\COGHLAN & WELSH Plaintiffs’ Legal Practitioners 2n4 Floor Barclays Bank Building JMN Nkomo Street/Bighth Avenue BULAWAYO (NM/fd/19R0045/99 ANDTO: THE CLERK OF COURT Magistrates’ Court BULAWAYO AND TO: CALDERWOOD, BRYCE HENDRIE AND PARTNERS i Defendant's Legal Practitioners Ground Floor, Derry House 6 Avenue/Fife Street BULAWAYO (Mr Chamunorwa/em)Mey a consent to judgment, you will | save judgment charges, 2. Ifyou allege any exception, defend or Sounter-claim you must within seven | days after appearance, deliver to me and to the said Plaintiffs or their Attorney a | Statement in writing of the nature of the grounds thereof. Attorney Summons Charges § ‘OGHLANJE WELSH Court Fees STO BE TAXED aintif’s Legal Annexure $ Practitioners Messenger's Fees $ 8% Avenue/Main Street Messenger's Fees on re-issue § BULAWAYO N. MANGENA/fa 19C0028/99 Sub-Total Attorney Judgment Charges eee et TOTAL (ENDORSEMENT OF PAGE)CONSENT TO JUDGMENT Tadmit that Iam lable to Plaintiffs as claimed in this Summons (ORin the amount of $ ‘and costs to date) and I consent to judgment accordingly. Dated this day of Defendant Note-If the consent is not given on the original Summons or on the copy served, it ‘must be witnessed by two witnesses whose addresses must be given, FORM OF APPEARANCE TO DEFEND l To the Clerk of the Court, and to Plaintiff or Plaintiff's Legal Practitioners Alddress For Service: Defendant or Defendants Legal Practitioner Postal Address: NOTE 1. The Original Notice must be filed of record with the Clerk of the Court and copy thereof served on the Plaintiffs or his Legal Practitioner. 2.In terms of the rules, the Plaintiffs and Defendant are required to give an address for service within fifteen kilometres of the courthouse from which | the summons is to be issued.IN THE MAGISTRATE’S COURT CASENO. 7 FOR THE PROVINCE OF MATABELELAND NORTH | HELD AT BULAWAYO | In the matter between; CHILDLINE ZIMBABWE PLAINTIFF And |LOC DISTRIBUTORS DEFENDANT PLAINTIFF'S PARTICULARS OF CLAIM Messrs Coghlan & Wels! Nkomo Street, Bulawayo, service is No. 8 Herbert Chitepo Street, Bulawayo Hebert Chitepo Street, Bulawayo, | Annexure“A”, signed Legal Practitioners that is h, Barclays Bank Building, 2x! Floor, 8% Ave IMN, The Defendant is LOC DISTRIBUTORS (PRIVATE) LIMITED a company duly incorporated in terms of the laws of Zimbabwe and whose address for See the Attached Deed of Transfer —The Defendant is in occupation of the same property. Its occupation was through a tenancy arrangement or agreement with the former owner one Irene Vas. A copy of the said agreement is attached as Annexure “B”, . On the 27% of July 2017, through a letter which was delivered on the Defendant on the 31% of July 2017, the Plaintiff advised the Defendant that: a) Itwas now the new owner of the property. b) That it required the property for its own use. ©) That it was giving Defendant three (3) calendar month's notice from the ‘1 of August to the 31* of October to vacate the property. 4) That for the duration of the notice period, Defendant would have to pay Plaintiff a sum of $300,00 in rentals corisistent with what it was paying to the former owner of the property. . The letter referred to above is attached as Annéxure “C”. The notice period has expired, but Defendant has not vacated the premises. In fact Defendant has not even been paying the $900,00 per month during the notice period. Accordingly, Plaintiff seeks an order for Defehdant’s ejectment from the said property as well as. payment of the rentals df $300,00 as well.as holdover damages’ of $300,00 per month from the date of summons to the date of Defendant's ejectment. voN Oy Lp CASE NO.1S2s /2017 COURT FOR'THE ROVINCE OF MATABELELAND NORTH .D AT BULAWAYO l PLAINTIFF: CHILDLINE ZIMBABWE and | DEFENDANT: | LOC DISTRIBUTORS (PRIVATE) LIMITED { ‘No.8 Herbert Chitepo Street, Bulacoayo ‘You are hereby summoned that you do within 7 days after the service of this simmons upon you, enter or cause to be entered with me also the Plaintiffs or their mey at the address specified herein an appearance (i. file a notice of intention to Defend) to answer the claim CHILDLINE ZIMBABWE whose address for the Plupose of this action is care of COGHLAN & WELSH, Barclays Bank Building, 8 Avenue, Main Street, Bulawayo the Plaintiff herein for ejectment and payment dite to Plaintiff as morefully set out in the Particulars of Claiin attached hereto. Tit Judgment be and is hereby for: granted in favour off Plaintiffs against thie Defendant, la) Defendant's ejectment from Stand No, 998 Bulawayo Township, also known as No. 8 Herbert Chitepo Street, Bulawayo. {b) Payment of $900,00 with respect to rentals () Payment of $800,00 being hold over damages from dated of summons to date of | Defendant's ejectment. 4) Costs of suit at an attomey and client scale. \ iIN THE MAGISTRATE COURT CASE NO. 7525/17 FOR THE PROVINCE OF MATABELELAND HELD AT BULAWAYO In the matter between CHILDLINE ZIMBABWE And NOTICE OF APPEARANCE TO DEFEND ‘TAKE NOTICE THAT on the 23% day of November 2017 at am/pm, the Defendant entered an appearance to defend this action. The Defendant was served with the Summons on the 224 day of November 2017. FURTHER TAKE NOTICE that the Defendant’s Address for service shall be care of the undersigned Legal Practitioners. » DATED AT BULAWAYO THIS 23" MESSRS LIBERTY MCIJO Defendant’s Legal Practitioners No. 54 Herbert Chitepo Between 3% & 4% Avenue BULAWAYOIMR. L. MCIJO/sb] ‘TO: THE CLERK OF COURT Magistrates Court BULAWAYO ‘AND TO: COGHLAN & WELSH ag hoy 217 3 Plaintiff's Legal Practitioners nas 8 Avenue/Main Street RECEIVED 1\.2> BULAWAYOJN. MANGENA/fd/19C0028 / 99] ..-n0-~vos- smeIN THE MAGISTRATES COURT ~ CASE NO. 7525/2017 FOR THE PROVINCE OF MATABELELAND NOR’ HELD AT BULAWAYO In the matter between: CHILDLINE ZIMBABWE PLAINTIFF And LOC DISTRIBUTORS (PRIVATE) LIMITED DEFENDANT. REQUEST FOR FURTHER PARTICULARS TAKE NOTICE that to enable Plaintiff to plead the following further particulars are requested: 1. Ad Para3 a) When was the agreement entered into? b) A copy is requested. ©) What was the duration of the said option? The date of its expiry is requested, 2. Ad Para 5 (iii) a) Were the alleged improvements made in terms of an agreement? b) Ifsoa copy is requested. ©) Aschedule of the said improvements is requested. DATED AT BULAWAYO THIS 315 DAY OF JANUARY 2018.TO: AND TO: So COGHIAN| AND WELSH Plaintiff's Legal Practitioners 24 Floor Barclays Bank Building 8 Avenue/ JMN Nkomo Street A BULAWAYO (NM/id) THE CLERK OF COURT Magistrates Court BULAWAYO MESSRS LIBERTY MCIJO AND ASSOCIATES. Defendant's Legal Practitioners No. $4 Herbert Chitepo Between 3% and 4! Avenue BULAWAYO (Mr L. Meijo/sb)IN THE MAGISTRATE’S COURT CASE NO. 7525/17 FOR THE PROVINCE OF MATEBELELAND HELD AT BULAWAYO In the matter between CHILDLINE ZIMBABWE PLAINTIFF And ' LOC DISTRIBUTORS (PRIVATE) LIMITED 7 DEFENDANT DEFENDANT'S PLEA TAKE NOTICE that the Defendant herein pleads as follows to the Plaintiff ‘s claim. AD PARA 1-2 No issues arise herein except to state that the Defendant’s address for service is care of the undersigned legal practitioners. 2. AD PARA 3 Whilst the property has been registered in the Plaintiff's name, the Defendant avers that the sale and subsequent registration of the property into the Plaintiff's name was in breach of an agreement which existed between the Defendant and the seller wherein the Defendant was given an option to purchase the property and such option remains valid. Thus the sale of the property to the Plaintiff is void and/or voidableand should be cancelled and transfer reversed. AD PARA 4 Admitted. AD PARA 5-65(@) Whilst this is true, the Defendant disputes the entitlement of the Plaintiff to evict it on the basis that its ownership of the property emanated from a void and/or voidable agreement which ought to be cancelled. S(ii) Further to the above, the option that the Defendant has from the previous seller regulated the rentals issue which were subject to discussion and which in terms of the negotiations were to be included in the purchase price for the property. Thus the Defendant has no obligation to pay rentals to the Plaintiff nor vaccate the premises. Stiii) The Defendant also avers in the alternative that it has an improvement lien over the property having made massive useful and necessary imiprovements to the property during its tenancy which improvements amount to the tune of US$26000-00. WHEREFORE , The Defendant prays for the dismissal of the plaintiff's claim. DATED AT BULAWAYO THIS THE Sit DBs OF TENURE 2018. / hel: ASSOCIATES Defendanit’s Legal Practitioners Herbert Chitepo Street Between 34 & 4t Avenue BULAWAYO (MR L MCIJO/sb) TO: THE CLERK OF COURT Magistrates Court BULAWAYO AND TO: COGHLAN & WELSH Plaintiff's Legal Practitioners 2r4 Floor Barclays Bank Building JMN Nkomo Street / Eighth Avenue BULAWAYO(NM /fd/19C0028/99IN THE MAGISTRATE’S COURT CASE NO. 7525/17 FOR THE PROVINCE OF MATEBELELAND HELD AT BULAWAYO In the matter between CHILDLINE ZIMBABWE PLAINTIFF And LOC DISTRIBUTORS (PRIVATE) LIMITED DEFENDANT DEFENDANT’S SPECIAL PLEA ‘TAKE NOTICE that the Defendant herein raises 2 special plea to the Plaintiff's claim as follows: 1, NO JURISDICTION This Court has no jurisdiction to hear the matter beacause in effect , this is a dispute that involves the ownership of the property or manner in which the Plaintiff got the ownership of the property which is worth far more than the monetary jurisdiction of the Honourable Court. WHEREFORE, The Defendant prays for the dismissal of the plaintiff's claim. ' DATED AT BULAWAYO THIS THE 2™4 DAY OF FEBRUARY 2018. fi i LIBERTYMC! ti Defendant’s Legal Practitioners Herbert Chitepo Street Between 3" & 4% Avenue BULAWAYO (MR L MCIJO/sb) TO: ‘THE CLERK OF COURT Magistrates Court BULAWAYO AND TO: COGHLAN & WELSH 7 Plaintiff's Legal Practitioners 24 Floor Barclays Bank Building JMN Nkomo Street / Eighth Avenue BULAWAYO(NM /fd/19C0028/99IN THE HIGH COURT OF ZIMBABWE CaseNo: H.C. 12017 HELD AT BULAWAYO In the matter between:~ LOC DISTRIBUTORS (PVT) LTD. PLAINTIFF a. company duly incorporated in terms of the laws of Zimbabwe and carrying on business at Number 8, Herbert Chitepo Street, Bulawayo. And IRENE VAS : 2 a female adult whose full and further DEFENDANT particulars are unknown to thi but whose address of service is 56 A Leander Avenue, aintiff 3 PLAINTIFF'S DECLARATION 41. The Plaintiff in this matter is LOC DISTRIBUTORS (PVT) LTD a Company duly incorporated, to the laws of Zimbabwe and carrying on business at No 8 Herbert Chitepo Street, Bulawayo whose address for purposes of service is care of its legal practitioners of record, Messrs Calderwood, Bryce Hendrie and Partners, Ground Floor, Derry House, 6” Avenue/Fife Street, Bulawayo. 2. The Defendant is IRENE VAS a female adult of this country whose full and further particulars are unknown to the Plaintiff but whose address of service for purposes of these proceedings is 56 A Leander Avenue Hillside. 3. On 27 July 2008, the Plaintiff and the Defendant entered into a Lease Agreement for Stand 998 Bulawayo Township, situate in the District of Bulawayo measuring 1190 square metres and also known as No 8, Herbert Chitepo Street,Bulawayo, herein after referred as the property. A copy of the lease Agreement is attached hereto marked ANNEXURE “A”, During the period from 19 May 2011 to 20 October 2015, the Plaintiff effected certain necessary improvements on the property. The fairand reasonable cost of the improvements is the sum of $26 384,00. The improvements were necessary to preserve the property and to provide security of the property and the property kept at the premises. The nature of the Improvements, the date of such improvements and the cost thereof were as follows:- DATE DESCRIPTION sgosit1 AMOUNT (USS) ‘Supplying and fixing, welding 9 pieces of 3700 enclosure, 4 Screen doors and 19 burglar bars 04/09/13 Electrical Repairs on the premises including 3800 fixing the halogen security lights, re-wiring the main office, fitting new lights, new sockets and costs of labour 10/05/14 Supply of Materials being paint, fillers and 5884 ancillaries 15/05/14 Cost of labour in painting the premises including 3600 the roof, cottage, ceilings, burglar bars and floors,replacing broken ceiling boards and wardrobes and further repairing walis and cottage toilets \ 20/10/45 Repairing or restoring the floor including 4600 cost of labour and supply of materials | 2010/8 Repairing, restoring the roof including cost 4800 } TOTAL 26 384.00 of labour and supply of materials ‘The Defendant now wants to take occupation of the leased premises but has not | tendered compensation to the plaintiff for the improvements effected thereon. WHEREFORE Plaintiff prays for Judgement against the Defendant as | follows; | | | i (a) Payment in the sum of US $ 26 384,00 being the value of the improvements! carried out on the leased premises. (0) Payment of Interest on the sald sum calculated at the rate of 5 % per annum, from the date of issue of summons to the date of full and final payment. ) (©) Costs of suit. »OOD, BRYCE HENDRIE AND PARTNERS Ground Floor, Derry House 6" Avenue/ Fife Street BULAWAYO (Mr S. Chamunorwa/bm) TO: THE ASSISTANT REGISTRAR High Court of Zimbabwe BULAWAYO | AND TO: IRENE VAS Defendant herein 56 A Leander Avenue Hillside |The Plaintiffs’ address for service is CALDERWOOD) BRYCE HENDRIE AND PARTNERS: Plaintiff's Legal Practitioners: Ground Floor, Derry House 6" Avenue/Fife Street BU! AWAYO (Mr S. Chamunorwal/bm)COGHLAN & WELSH LEGAL PRACTITIONERS EARCLAYS BANK SULOING. ETHAVENUE! UMAN NKOMO STREET Poo, goxz2 BuLANayo Feces hat saringeoghlananeweish com Preparedjby me conveyahcer DEED OF TRANSFER BY VIRTUE OF A POWER OF ATTORNEY KNOW ALL MEN WHOM TT MAY CONCERN THAT PROMISE NCUBE appeared before me, TRANSFEROR Registrar of Deeds, he being duly authorised thereto by a Power of Attorney given BULAWAYO on the 18" day of May 2037 IRENE VAS (Born on 8" October 1932) I.D.No. 0g-125000 w 00 REASONS/. at eiat Wuly-2611 _- MADE BETWEEN Fis ubject'to 2011, iSE BARCLAYS BANK BUILDING _IGESTEE AVENUE) JN, NROMO STRBEE Coun One SEPAATNER crue Lawn SESREAcine morons 22.2 ao ZMaAOOE ASSOCIATE PARTIES SSoSite owen, Les MONS, U2, MBA GNUSTS ‘GHIPO BHEBE cLB (HONS) (U2) i SSTHEREARMANA ULB HONS) (U2) AssociaTes NEEMAN MANGENA, LLB (HONS, UZ [HERSERy CHIMBETETE, 18 (HONS) UNA |SHEPERD HUNT, LLB (HONS, UNTSA consuttater fhe SRiwoNDstiTiveIce B.cONE EECA) cour ser WEEN Manigétia Sour ae : ‘The above matter'refers. Please'fiote that we represent Childline Zimbabwe. Kindly note our interest therein. wellwish to advise that our client'has purchased the property that you occupy, that is Stand 998 Bulawayo Township or number 8 Herbert Chitepo Street from Mrs Irene Vas. Ourlient would like occupation of the same for its ‘own use: Accordingly we are f~ instruoted, as we hereby do, to give you three 8) calendar months notice from the 1* of ‘August 2017 to the S1* of October 2017, On that date you 298 to move out of the premises and hand over the keys to ourselves for onward transmission to Childline. or the duration of the three (3) months, you are to pay rentals of $300 consistent with your lease agreement with the previous owner, You are 9 Pay the said rentals into our trust account details of which are set out below: (conte AR YEAR 2000(CENTENARY YEAR 200IN THE MAGISTRATES COURT CASE NO. 7525/17 FOR MATEBELELAND PROVINCE HELD AT BULAWAYO In the matter between. CHILDLINE ZIMBABWE APPLICANT And LOC DISTRIBUTORS (PRIVATE) LTD RESPONDENT NOTICE OF OPPOSITION BE PLEASED TO TAKE NOTICE THAT the Respondent intends to oppose the Application for Summary Judgement on the grounds set out in the Affidavit ‘annexed to this notice and that the address for service is care of the undersigned legal practitioners. DATED AT BULAWAYO THIS 18% DECEMBER 2017 D [CIJO & ASSOCIATES Respondent’s Legal Practitioner Btwn 3° and 4% Street No. 54 Herbert Chitepo Street BULAWAYO (MR L MCIJG/sb) To: ‘The Clerk of Court Magistrates Court BULAWAYO SS AndTo: COGHLAN & WELSH Applicant’s Legal Practitioners Qaé Floor Barclays Bank Building UMN Nkomo Street / Bighth Avenue BULAWAYO(NM/fa/19C0028/99IN THE MAGISTRATES COURT CASE NO. 7525/17 FOR MATEBELELAND PROVINCE HELD AT BULAWAYO In the matter between CHILDLINE ZIMBABWE APPLICANT And LOC DISTRIBUTORS (PRIVATE) LTD RESPONDENT NOTICE OF OPPOSITION I, OMEGA SIBANDA, do hereby state that I am the Managing Director of the Respondent and 1 am hereby authorized to act on behalf and depose to this affidavit by virtue of a resolution of the Respondent attached hereto as Annexure A and the address of service is care of the undersigned legal practitioners of record. Phhave read the Application for Summary Judgment in this matter and below I will respond to each and every item of the same, where necessary, 1, Ad para 1-6 No issues arise. 2, Ad para 7 gor SS This is denied. ‘The previous owner had givén the Respondent an of has ‘property. TheChegotiations: were still in progress—anc (nese ao Fight to sell the property toa third party which {sts Applicant in this matter. See The letter dated 11 November 2016 attached hereto as Annexure B. 1am advised which-gdvice [hold tobe true, that ie onlapen—to him/her“ arties. Thus, the 3. Ad para8- 9 This is admitted save to state that the Respondent did rot accept the notice given because the “He gotiations ‘on_the_purchase of the property between the previous owner and the Responden! Nats underway. See the letter dated 6 September 2017 attached hereto as Annexure C. ~ Oe ‘September 20) cay 4, Ad para 10& ‘This is admitted. The Respondent did not vacate the premises becauseit. » @™%~ hhad_agre ith the _previou: at_upon_purchasi: roperty =~ the arrear rentals would be built into the overall purchase. letter dated 15 June 2016 attached hereto as Annexure D. 5. Ad para 11 2 The Respondent intends to file a plea and a counterclaim to the suramons which is attached hereto as Annexure E. 6. Ad para 12 This is denied. The Respondent has a defence to the claim. The previous owner had given me an option to purchase. the property-in-SUsst o> The négotiations were still in progress as ‘evidenced by the letter annexed hereto as Annexure B. Thus, the previous owner had no right to dispose of the property to a third party before the Respondent had exercised its right. The sale is a nullity and I have to be the bona fide purchaser. This tenders the Applicant an improper possessor of the property. ‘he Respondent has a claim against the Applicant as evident in the summons filed at the High Court for improvements effected on the property. The summons are attached hereto as ‘Annexure F, The claim against the Applicant is clearly articulated in the summons. NG vie 267 7. Ad para 13 ‘The Respondent has a bona fide defence to the claim as submitted and thus the application for Summary Judgment must be dismissed. WHEREFORE Respondent prays for the following relief: i) ‘That Applicant's Application be dismissed with costs on a legal practitioner and client scale. SWORN TO AT BULAWAYO THIS [pay OF DECEMBER 2017. SIGNED BEFORE MENO. 8 Herbert Chitepo St Bulawayo Tel: 09- 76677 Fax: 09- 76677 Cell: 0772 332 504/ 0772 272 224 Email:locdistributors@gmail.com 15 December 2017 MCIJO DUBE AND PARTNERS HERBET CHITEPO ST BULAWAYO Dear Sir REF: COMPANY RESOLUTION REF: COMPANY RESOLUTION The above matter refers a Ina board meeting held on the 8" of December 2017, it was resolved that Mr Omega Sibanda (Company Director) represent the company (LOC Distributors Pvt Ltd) on all legal issues. Thank you E Sibanda (Company Secretary) “Whenever we do it, we do it the best we can”Ve 5 CALDERWOOD, BRYCE HENDRIE & PARTNERS Legal Practitioners Attorneys, Notaries & Conveyancers Anthony Hugh Denbury B.A., LL.B Oubones 189 BG Ndabezinile Mazibuke LL.6.(Hone). UZ Zimbabwe Telephones: 71411/6 International Code: 263-9 “Telegrams : Laweal Cynthie Nunw LL (Hons), UZ Faw 263-9-7389 Julian Mugova B.A., LL.6 (Rhodes) Email:schamunorwa@caldervoods.co.2w Your Ref : NM/st/19D00242/99 Our Ref : Mr Chamunorwa/em Professional Assistant 11 November 2016 Messrs Coghlan and Welsh Legal Practitioners BULAWAYO Ulead WITHOUT PREJUDICE Dear Sirs REF: _MRS IRENE VAS v LOC DISTRIBUTORS (PVT) LTD We refer to this matter and to previous correspondence. Our client has been promised finance by FBC Bank and POSB Esteem Banking The two banks have been requested to furnish him with a letter indicating that he qualifies for such finance. Same are still outstanding. Once either banks lets our client have the letter, we will forward it to you. On the issue of arrear rentals, we had understood that these would be effected into the purchase price to come up with a composite figure. Please see our letters of 16 September 2016 and 14 October 2016. You will note that yours had not prior to our letter of 24 October 2016 indicated that it would want payment of arrear rentals gver and above the $90.000. Be that as it may, how much does your client claim are arrear rentals?ok CALDERWOOD, BRYCE HENDRIE & PARTNERS Legal Practitioners Attorneys, Notaries & Conveyancers Partners: Ground Floor Derry House 6 avenue/Fife Street [Anthony Hugh Denbury B.A., LLB P.0.Boxes 187 & 276 Jonathan Joseph Moyo B.L. (Hons), LL.B. UZ Bulawayo Ndabezinhle Mazibuko LL-B.(Hons): UZ Zimbabwe Shepherd Chamunorwa LL.B. (Hons). UZ ‘Telephones: Professional Assistant International Code: ‘elegram: cynthia Nunu LL.B (Hons). UZ Fax: 26: Julian Mugova 8.A., LL.B (Rhodes) Email:schamunorwa@calderwoods.co.2w Your Ref: +N Mangena Our Ref : Mr Chamunorwa/em 6 September 2017 Messrs Coghlan and Welsh Legal Practitioners BULAWAYO Dear Sirs, REF: _MRS IRENE VAS v LOC DISTRIBUTORS (PVT) LTD-HC2843/13 We refer to your letter dated 27 July 2017. Bee ere ee We apologise for the late reply occasioned by the fact that the letter was misfiled and thereafter we had to take instructions. Please be advised that our client does not accept the notice given and further that it does not accept that your client, Ms Vas, was entitled to sell the property. Our client's attitude’is that he had an option to purchase the pr or _alternativély a right of first refusal. It will shortly institute | assert its rights. EEE : Be guided accordingly. Yours faithfully,CALDERWOOD, BRYCE HENDRIE & PARTNERS Legal Practitioners Attorneys, Notaries & Conveyancers Partners: Ground Floor Derry House 6 avenue/Fife Street anthony Hugh Denbury B.A., LLB .0,Boxes 187 & 276 Jonathan Joseph Moyo B.L. (Hons), LL.B, UZ Bulawayo Ndabezinhle Mazibuko LL.2.(Hons). UZ Zimbabwe Shepherd Chamunorwa LL.B. (Hons). U2 ‘Telephones: 7241/6 Professional Assistant International Code: 263-9 Felegrams : Laweal ‘cynthia Nuny LL.B (Hons). UZ Fax: 263-9-73839 Email:schamunorwa@calderwoods.co.20 Your Ref : NM/st/19D00242/99 Our Ref : Mr Chamunorwa/em 15 June 2016 Messrs Coghlan and Welsh Legal Practitioners BULAWAYO WITHOUT PREJUDICE Dear Sirs REF: IRS IRENE VAS v LOC DISTRIBUTORS (PVT) LTD Further to our letter of 14 June 2016, we confirm that we have taken instructions from our clients regarding this matter. Qur clients propose. holistic approach to.this matter and itis this: Your clients build into the purchase price all payments, they deem due by our client to them. ee Further, on the purchase price, your clients may wish to consider_a middie approach and fix a price Tess thane $90 Uuu they had previousiy set Our clients are interested in purchasing this property and are dealing with yours in good faith. “May you kindly prevaiLon your Clients: to reconsider their position ang, if th thereafter prepare the agreement of sale on the terms and conditions discussed in previous correspondence Herein faithfully iD RARTNERS S24 Efirmrnasi4. IN THE MAGISTRATES COURT CASE NO. 7525/2017 PROVINCE OF ‘MATEBELELAND NORTH ELD AT BULAWAYO In the matter between- CHILDLINE ZIMBABWE PLAINTIFF And LOC DISTRIBUTORS (PRIVATE) LIMITED DEFENDANT DEFENDANTS’ PLEA AND COUNTERCLAIM The Defendant hes read and understood the Plaintif’s claim and pleads herein, as follows:- 1. Ad paragraph 1-2 No issue arises save to state that the Defendant’s address for service for purposes of this action is care of his undersigned egal practitioners. 2. Ad paragraph 3-4 ‘The Defendant denies that the Plaintiff is the rightful owner of the property in question - The ronson being that the Defendant SSS OE Treg a prcae E s put she breached it by welling it to a third party being the Plaintiff, before the prescribed period had lasped. 3. Ad para 5-7 The Defendant did not vacate the premises pecause it had agreed with in prow none an gs BESTT ia Ad Para 8 Ad Para $Defendants denies the claim by the Plaintiff, because from the option granted to it by the previous owner, it is supposed to be the rightful owner of the property in question and have all errear rentals cleared as agreed. (WHEREFORE Defendant prays for dismissal of Plaintiff's claim with costs: DEFENDANTS’ COUNTERCLAIM For convenience sake parties are as indicated on the Plaintiff's summons 1, Tae Agreement of sale entered between the Plaintiff and the previous jandowner is invalid in one of the following respects} 2, ‘The previous landowner had granted the Defendant the right of purchasing the Pro i ibed period of ti erty within a certain PEeSe . 3, The negotiations betwee? the previous landowner and the Defendant on ay were still in progress when tne former the sale of the proper' gisposed OF the BrOPeTY: 4, The landowner sold the property to a third Party» being the Plaintiff, efore the option to purchase given_to the Defendant had elapsed hence the a cween the Plaintift_and the previous greement of sale jandowner is invalid. ee 5. as @ consequence, the previous landowner preached the agreement between the parties by selling it to a third party, being the Plaintiff This renders the agreement of sale between the previous jandowner and the Plaintiff a nullity.WHEREFORE, Defendant prays for the cancellation of the agreement of sale between the Plaintiff and the previous landowner together with costs of suit. DATED AT BULAWAYO oN THIS 15% DAY OF DECEMBER 2017. No. 54 Herbert Chitepo Street BULAWAYO (MR L MCIJO/SP to; THE CLERK OF COURT Magistrate’s Court BULAWAYO BULAWAYO. AND TO: MESSRS COGHLAN & WELSH Plaintiff's Legal Practitioner® grt Floor Barclays Bank Building AMIN Nkomo Street / Eighth Aveous BULAWAYO(NM/fa/ 19€0028/99yy) FORM NO 2 ‘SUMMONS Rule 12(1) /I9 IN THE HIGH COURT OF ZIMBABWE 6 ‘ Case No: H.C. 201 HELD AT BULAWAYO In the matter between: LOC DISTRIBUTORS (PVT) LTD PLAINTIFF 2 company duly incorporated in terms of the laws of Zimbabwe and carrying on business at Number 8, Herbert Unitepo Street,-Bulawayo but whose address of service is that ofits \ undersigned legal practitioners.; | i ee And \ IRENE vas DEFENDANT @ female adult whose full and further particulars are unknown to the Plaintiff but whose address of service Is 86 A | s:1nder Avenue, Hillside. SUMMONS, To the Defendant named above:- The Plaintif’s claim is for: (2) Paymentin the sum of US $ 26 384.00 being the fair and reasonable value of necessary improvements carried out by the Plaintiff on the Defendant's Premises known as No. 8 Herbert Chitepo Street, Bulawayo that the Plaintif occupied as a'bona fide occupier and in terms of the parties’ lease agreement which amount is now due and payable. (b) Payment of Interest on the said sum celoulated at the rate of 5 % per annumfrom the date of issue of summons to the date of full and final payment (©) Costs of suit Plaintiffs’ claims are further amplified in the Declaration annexed hereto. fyou wish to oppose any of the Plaintiffs’ claims, you must- a) enter an appearance to defend by making an appropriate entry in the appearance book Kept in the office of the Registrar of the High Court of Zimbabwe at Bulawayo within 10 days after service of this Summons (Saturdays, ‘Sundays and public holidays are not counted as part of this ten-day period, nor is the day on which this Summons was served): and (2) Notify the Plaintiffs or his legal practitioners, in writing, at the address given below of your entry of appearence to defend. You must give the Plaintiffs or the legal practitioner an address for service within five kilometres of the Court specified above, together with a postal address, If you do not enter an appearance to defend, the Plaintiffs’ claims will be heard and dealt with by the High Court without further notice to you. The Deputy Sheriff « hereby required to serve a copy of this Summons on the Defendant named above and, immediately after doing so, to return a further copy of the ‘Summons, with a retum of service in Form No. SA duly completed, to the Registrar who issued it, DATED at BULAWAYO this AG day ofJurie 2017 yoo yey : ASSISTANT REGISTRAR’ i High Court of Zimbabwe BULAWAYOPra FORM NO 2 ‘SUMMONS. Rule 12(1) a ) ae | ey ata IN THE HIGH COURT OF ZIMBABWE CaseNo.: H.C. (201 HELD AT BULAWAYO In the matter between: — LOC DISTRIBUTORS (PVT) LTD PLAINTIFF a company duly incorporated in terms of the laws of Zimbabwe and carrying on business at Number 8, Herbert Cnitepo Street, Bulawayo but whose address of service is\ that of its: undersigned legal practitioners.| And IRENE VAS DEFENDANT a female adult whose full and further particulars are unknown to the Plaintiff but whose address of service is 56 Al sander Avenue, Hi ‘SUMMONS To the Defendant named above:- The Plaintif?'s claim is for:- (2) Paymentin the sum of US $ 26 384.00 being the fair and reasonable value of necessary improvements carried out by the Plaintiff on the Defendant's premises known as No. 8 Herbert Chitepo Street, Bulawayo that the Plaintiff occupied as a'bona fide occupier and in terms of the parties’ lease agreement which amount is now due and payable. (b) Payment of Interest on the said sum caloulated at the rate of 5 % per annumx from the date of issue of summons to the date of full and final payment. {e) Costs of suit. Plaintiffs’ claims are further amplified in the Declaration annexed hereto. If you wish to oppose any of the Plaintiffs’ claims, you must- a) enter an appearance to defend by making an appropriate entry in the appearance book kept in the office of the Registrar of the High Court of Zimbabwe at Bulawayo within 10 days after service of this Summons (Saturdays, ‘Sundays and public holidays are not counted as pert of this ten-day period, nor is the day on.which this Summons was served); and (@) Notify the Plaintiffs or his legal practitioners, in writing, at the address given below of your entry of appearance to defend. You must give the Plaintifs or the legal practitioner an address for service within five Kilometres of the Court specified above, together with a postal address, If you do not enter an appearance to defend, the Plaintiffs’ claims will be heard and dealt with by the High Court without further notice to you. ‘The Deputy Sheriff "hereby required to serve @ copy of this Summons on the Defendant named above and, immediately after doing so, to return a further copy of the ‘Summons, with a retum of service in Form No. 5A duly completed, to the Registrar who issued it, DATED at BULAWAYO this, AG” day of June 2017 ASSISTANT REGISTRAR | High Court of Zimbabwe~r” BULAWAYO‘The Plaintiffs’ address for service is CALDERWOOD| BRYCE HENDRIE AND PARTNERS Plainti’s Legal Practitioners Ground Floor, Derry House 6" Avenue/Fife Street BU! AWAYO (Mr S. Chamunorwalbm)IN THE HIGH COURT OF ZIMBABWE. CaseNo: H.C. (2017 HELD AT BULAWAYO In the matter betwee LOC DISTRIBUTORS (PVT) LTD PLAINTIFF a company duly incorporated in terms of the laws of Zimbabwe =nd carrying on business at Number 8, Herbert Chitepo Street, Bulawayo. And Resiann | IRENE VAS F a female adult whose full and further ” DEFENDANT particulars are unknown to thé Pl: but whose address of service is 86 A Leander Avenue, Hillside. PLAINTIFF'S DECLARATION 4, The Plaintiff in this matteris LOC DISTRIBUTORS (PVT) LTD a Company duly incorporated, to the laws of Zimbabwe and carrying on business at No 8 Herbert, Chitepo Street, Bulawayo whose address for purposes of service is care of its legal practitioners of record, Messrs Calderwood, Bryce Hendrie and Partners, Ground Floor, Derry House, 6” Avenue/Fife Street, Bulawayo. 2. The Defendant is IRENE VAS a female adult of this country whose full and further particulars are unknown to the Plaintiff but whose address of service for purposes of these proceedings is 56 A Leander Avenue Hillside, 3. On 27 July 2009, the Plaintiff and the Defendant entered into 2 Lease Agreement for Stand 998 Bulawayo Township, situate in the District of Bulawayo measuring 1190 square metres and also known as No 8, Herbert Chitepo Street,DATED AT BULAWAYO THIS, A CALDER! TO: THE ASSISTANT REGISTRAR High Court of Zimbabwe BULAWAYO AND TO: IRENE VAS Defendant herein 56 A Leander Avenue Hillside aL aro June a | (OOD, BRYCE HENDRIE AND PARTNERS Ground Floor, Derry House 6" Avenue/ Fife Stréet BULAWAYO (Mr S. Chamunorwa/bin) | | ; | | | | | \ |