LONGCHENG International Trade and Commerce (Pvt) Ltd has evicted one of its Harare tenants, Rubline Enterprises (Pvt) Ltd trading as Tips Liquor Store on allegations of messing up the place and failing to rein in its rowdy patrons.
BY CHARLES LAITON
Tipsy has, however, taken the matter to court accusing the property owners of unilaterally cancelling the lease agreement without following procedure, adding that the reasons cited for its eviction were frivolous and unsubstantiated.
“The said allegations have not been proven; it is pertinent to note that the complex owned by the defendant (Longcheng International Trade and Commerce) accommodates vast number of shops or businesses that are in the same line of trade with the plaintiff (Rubline Enterprises (Pvt) Ltd trading as Tipsy’s Liquor Store),” it said.
”The defendant has failed to prove or show if the said patrons are members or customers of the plaintiff and if at all the plaintiff has identifiable or prescribed patrons; notwithstanding the fact that the said plaintiff is just a bottle store which is into selling alcoholic beverages. The plaintiff has no membership or control of anyone beyond its territory (precisely those outside its shop)”.
Tipsy further said at all material times, it has been a holder of a valid lease agreement entered into between the parties on January 1, 2017 and the same lease was still being used and extended on the same terms and conditions.
However, on November 5, 2020 the complex owners wrote a letter cancelling the lease agreement without giving them a written seven-day notice as per agreement.
“The defendant failed to give due notice to the plaintiff and immediately cancelled the said lease agreement upon delivery of the above mentioned letter. It further gave the plaintiff a month to vacate the premises.”
Tipsy said the unexpected cancellation of the lease agreement would push it out of business.
“The cancellation will put the plaintiff out of business and will affect the lives of its employees, notwithstanding its stocks, business plans and projections,” it said.
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