By Judith Nyuke
A long-frustrated Westgate landlord has finally seen relief as a tenant who had accrued US$4200 in rent arrears over 10 months and resisted all eviction attempts has yielded to legal pressure and agreed to vacate the property following a court order.
As per their agreement, Ms. Wendy Kugara was obligated to pay the landlord US$350 in monthly rent.
However, Kugara had been occupying the residential property without paying rent for over 10 months, consistently refusing the property owner’s repeated demands to either pay the outstanding rent or leave the premises.
Having exhausted all other avenues, the landlord was compelled to file a lawsuit, as indicated in documents submitted to the Harare Civil Court, with the summons being served on Ms. Kugara on May 2, 2025.
Under the terms of the consent order and deed of settlement dated May 8, 2025, Kugara has agreed to vacate the premises by May 12, 2025, and has waived any future claims to remain on the property.
“The Defendant (Wendy Kugara) and all those claiming occupation through her be and are hereby evicted from the premises.
“The Defendant shall vacate the said premises within three days from the date of service of this order, falling which the Messenger of Court or his lawful assignee is hereby authorized and directed to effect the eviction,” read part of the order by Magistrate Kamwanda.
“Justice has finally taken its course. Our client simply wanted to assert her rights and recover possession of her property, which she had been deprived of for far too long,” said Mr Scott Mamimine of Sande Legal Practice, the legal representative of Ms Sheilla Chipunza, who ensured the landlord’s rights were vindicated through due legal process.
Ms. Hilda Mahumucha of the Zimbabwe Women Lawyers Association (ZWLA) represented Ms. Kugara.
Legal analyst Mitchell Mamimine has praised the amicable resolution as a fair outcome to what could have been a difficult and emotionally charged situation, adding that this case should also serve as a warning to tenants who take advantage of legal ambiguities to occupy properties without meeting their financial responsibilities.
