A tenant at number 7532 Tshabalala Bulawayo has been ordered to vacate the house for failing to pay water bills and refusing to vacate when he was given a three months’ notice of vacation.

The pensioner, Ernest Mguni last month took his tenant Oswald Mukada to court seeking an order evicting him from the house after he defied the eviction notice several times which the former had made him sign through the police.

Bulawayo magistrate Nomasiko Ndlovu granted the application and ordered Mukada to vacate the house.

“Judgment is granted in favour of the plaintiff in the following terms, the defendant and all those who claim rights of occupation through him are hereby ordered to vacate the plaintiff’s premises being 7532/1 Tshabalala Bulawayo. The defendant shall repair the damaged sockets before he vacates the premises,” Ndlovu ruled.

On July 14, Mguni also obtained a writ of execution granting the deputy sheriff to evict Mukada from the house.

“In the case between the above named parties, the court ordered the ejection of the defendant from the plaintiff’s house. You are authorized and required to eject the defendant from the plaintiff’s house. You are ordered to perform your duties this writ in accordance with the magistrate court rules 1980,” reads the writ of execution and ejectment.

In his founding affidavit when giving notice to Mukada in April, Mguni had submitted that he is the landlord at the house and Mukada is his tenant.

“I am the land lord in the above mentioned house, staying with one tenant. I am based in Harare. I am giving my tenant a notice to vacate my premises as my daughter who is based in South Africa will be coming to stay in my house. She is an asthmatic someone.

So I have been giving notice since March 1 which will be due on June 1. I have other problems that I am facing from this tenant especially in terms of payment at city council. I wish to be assisted by your office,” he submitted.

In an affidavit filed at the court, Mguni said Mukada has stayed at his house for two years.

“I have decided he must evacuate and I gave him three months’ notice. The following are the reasons why I have decided to leave him, my daughter working in SA is having a second abdomen operation. She is asthmatic, she cannot survive in kind of winter in SA. She is coming back. Last year I gave him notice but I later gave them a reprieve because his wife was pregnant. Now his child is grown up, I want them to leave,” he said.

He also said Mukada owes him US$40 for March and April.

Mukada did not opposed the eviction application.