THE Douglas Mwonzora-led Movement for Democratic Change (MDC) party has approached the courts seeking an order to evict the Citizens Coalition for Change (CCC) from the party’s offices in Bulawayo.
The party offices, located at corner Fort Street and 3rd Avenue, were repainted blue by former CCC leader Nelson Chamisa’s loyalists, who also hung a portrait of the opposition politician.
According to court papers seen by CITE, the summons issued cited MDC and Laphonic Enterprises (Pvt) Ltd as plaintiffs, represented by Gundu Dube and Pamacheche Legal Practitioners, and CCC and Chamisa as the defendants.
The summons ordered the eviction to be done within seven days, further noting that the opposition party should pay US$1 500 as damages caused to the building.
“You are hereby summoned that you do within seven days after the service of this summons upon you, enter or cause to be entered with me and also the plaintiffs’ legal practitioners at the address specified herein an appearance (ie file a notice of intention to defend) to answer the claim of plaintiff herein against the defendants, jointly and severally liable, the one paying the other to be absolved,” the summons read.
“(i) The eviction of the defendants, and all those claiming occupation through them, from No 41, Fort Street, 3rd Avenue, Bulawayo. (ii) Payment of the sum of US$1 500, payable in Zimbabwean dollars at the interbank rate as of the date of payment, as damages caused by the defendants to No 41, Fort Street, 3rd Avenue, Bulawayo. (iii) Payment of holding over damages calculated at the rate of US$4 000 per month, payable in Zimbabwean dollars at the interbank rate as of the date of payment, reckoned from January 2022 to the date of ejectment. (iv) An order interdicting the defendants from trespassing at No 41, Fort Street, 3rd Avenue, Bulawayo. (v) Interest at the prescribed rate. (vi) costs of suit on an attorney and client scale.”
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The summons further read that should CCC not heed the order or respond within the specified time, a judgment would be issued against it.
“In default of your doing so, you will be held admitted to the said claim, and the plaintiff may proceed therein, and judgment may be given against you in your absence; but that, on payment of the said claim and cost to me within the said time, judgment will not be given against you, and that if, before the expiration of the said time you so pay or lodge with the plaintiff’s legal practitioner consent or judgment, you will save judgment charges.”
— CITE