Source: NRZ dragged to court over $35k rental refund – NewsDay Zimbabwe June 5, 2017
A BULAWAYO firm, Josro Enterprises (Pvt) Ltd has dragged the National Railways of Zimbabwe (NRZ) contributory pension fund to the High Court seeking to compel the latter to refund $35 500 paid as rental advance.
BY SILAS NKALA
The firm recently issued summons claiming the parastatal’s contributory pension fund was owed $35 581,74 paid in advance, for its rented premises at Shop 24/25 at Ascot Shopping Centre in Bulawayo.
“The plaintiff’s (Josro Enterprise) claim against defendant (NRZ) is for payment in the sum of $35 581,74, interest at the prescribed rate, from date of service of summons to date of payment and costs of suit,” Josro said.
“During the lease, plaintiff paid certain amounts to the defendant as rent advances and as its attributable share in respect of operating expenses as claimed by the defendant. Plaintiff, as of the date of issue of summons paid a total of
$62 378,12 towards rentals when the rentals due were to have been paid is in a sum of $45 605 resulting in an over-payment in the sum of $16 773,12 as at December 31, 2016.
“The defendant has during the currency of the lease demanded and received a total of $21 808,62, which defendant alleged to be plaintiff’s share of attributable operating costs. The lease agreement was terminated by defendant giving rise to plaintiff’s claim to demand full accounting for all amounts plaintiff’s paid to defendant as advances.”
Josro Enterprises further said it requested copies of utility bills from NRZ, but the latter had failed to furnish such proof of payment.
“In the circumstances, plaintiff seeks a declaration that defendant is indebted to plaintiff in the sum of $35 581,74 and in consequence of the declaration payment in the said sum as at May 31, 2017.” The firm said.
NRZ is yet to respond to the summons.