The ManicaPost
Lovemore Kadzura
Rusape Correspondent
FORMER Mr Zimbabwe Body-building champion, Tobias Madzime is facing eviction from Makoni Country Club premises in Rusape where he is allegedly refusing to vacate to pave way for a new tenant.
Madzime occupies a hall next to the club house where he runs a gym.
Rusape Town Council, the owners of the premises, last year leased the facility to local businessman, Tafara Chidawanyika, and ordered all occupants at the premises to vacate to allow the new tenant to move in.
However, Madzime is allegedly refusing to move out, thereby forcing Chidawanyika to approach the courts to evict him.
In the papers filed at the Rusape Civil Court by Mr Taurayi Khupe of Khupe and Chijara Law Chambers, Chidawanyika seeks Madzime’s eviction.
“On July 4, 2023, Rusape Town Council entered into an agreement to lease Makoni Country Club premises with the plaintiff. In terms of the lease agreement between the plaintiff and Rusape Town Council, it commenced on May 1, 2023, and continue for a period of 10 years and shall be terminated on May 1, 2033 as approved by the council resolution.
“It follows that, by virtue of the lease agreement between the plaintiff and Rusape Town Council, the plaintiff acquired legal authority and control over the aforementioned premises.
“Prior to the conclusion of the lease agreement between the plaintiff and Rusape Town Council, the latter issued a notice to all occupants of Makoni Country Club premises to the effect that the premises were now to be in the control and possession of the plaintiff, therefore the occupants ought to vacate the premises accordingly.
“Despite several demands to vacate the property, the defendant has refused to vacate. The defendant has been occupying the plaintiff’s property without any legal basis.
“The plaintiff now wants to have personal use and occupation of the country club premises, but is being hampered by the defendant. The defendant has no legal basis for occupying the property and is now depriving the plaintiff peaceful occupation and use of the property,” said Mr Khupe.
Madzime has filed an appearance to defend the lawsuit.
The matter is yet to be allocated a magistrate and a trial date.
