XIMEX MALL TENANTS TO BE EVICTED THE High Court has ordered - TopicsExpress



          

XIMEX MALL TENANTS TO BE EVICTED THE High Court has ordered tenants at Ximex Mall in Harare to vacate the property by July 31 to pave way for refurbishment of the complex. This follows a protracted battle between the owners of the mall, National Social Security Authority and tenants which began three years ago. The up-market mall has deteriorated with informal and illegal traders using the premises to carry out illegal activities. According to the order by Justice Francis Bere, the tenants are required to also clear their arrears by July 31. “All defendants, and all those claiming occupation through the defendants, shall vacate the plaintiff’s premises, namely, Ximex Mall, situated at 34 Angwa Street, Harare, on the 31st July, 2013,” the order said. On completion of the first phase of construction of Ximex Mall, the order said, NSSA would give each tenant the right of first refusal of lease on the basis on which the property will be offered to the public. The order also stated that all tenants who default payment should be immediately evicted. NSSA spokesperson Mr Philemon Shereni confirmed that the authority had been granted an order to evict the tenants. "Yes we have an order and it will be enforced...," he said. Meanwhile, one of the tenants at Wallet Fashions shop number 14 at the mall, Mrs Tsitsi Mubaiwa was today evicted for non- payment of rentals reportedly amounting to US$27 000. When The Herald arrived at the mall officials from the messenger of court were busy loading attached property including clothes, mobile phones, and a refrigerator into a lorry. A messenger of court official said they had been instructed to attach the property for non payment of rentals. The disgruntled tenant Mrs Mubaiwa said she would not move from the shop. “The law says three months notice, but if I have not yet found an alternative I should stay,” she said adding that she would not move until July 31. Other tenants also said they were aware of the eviction notice and would be leaving the mall come July 31. The police was yesterday also clearing illegal foreign currency dealers and mobile phone dealers who always roam around the mall. In the past police have had running battles with the illegal dealers but they keep on resurfacing. It is also reported in the past that the mall is home to drug peddlers.
Posted on: Thu, 13 Jun 2013 19:01:48 +0000

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