Boustead fight over CSC premises spills into courts

A NASTY fight over occupation of leased premises at the Boustead Beef-Cold Storage Company premises in Harare has spilled into the courts with a local company getting a relief order against former employees and tenants currently occupying the complex.

Boustead Beef-CSC, is a company spearheading the revival of the former Cold Storage Company (CSC), under the Livestock Joint Farming Concession Agreement (LJFCA) signed in January 2019.

The current fight was revealed in an ex parte application in which Aringa Services dragged Atuka Chikoka and 12 others to the Harare Civil Court.

Aringa Services managing director Victor Mhondera sought an order interdicting the respondents from interfering with use and occupation of The Callers Complex at the CSC Willowvale complex.

Mhondera also sought an order, which was granted by a Harare Civil Court on Friday last week, to stop the respondents from denying Aringa Services access to the leased premises.

“The reason why the applicant seeks the above urgent interdict from this Honourable Court is that on August 26 2022, respondents barred or denied Applicant access and occupation of the leased premises and also locked the premises in question without a court order,” Mhondera said in the application.

According to the court papers gleaned by the Independent this week, Mhondera told the court that on June 6 2022, Aringa and Boustead Beef-CSC, entered a lease agreement on US$600 per month rentals.

The agreement for occupation and use was for trading of bulk beef and dairy products for three years starting on July 1 this year and expiring on June 30 2025.

Mhondera averred to the courts that Aringa Services was barred and denied access to the premises by the applicants, who are former CSC employees.

“To my utter surprise and dismay, the Respondents approached me on August 26 2022 and threatened me with unspecified action and locked the main gate which gives access to all the leased premises,” he said.

“The respondents also made further threats to harm me if I intend to use and occupy the premises. My plea to the respondents that applicant has a right to occupy and use the said premises fell on deaf ears as respondents insisted that applicant should give up the leased premises.”

Mhondera further argued that no court proceedings have been done by Chikoka and his colleagues to occupy the premises adding that the former’s conduct was egregious.

“The respondents acted without a court order and thus took the law into their own hands. The respondents’ act of denying applicant access to the said premises and locking up the gates under the circumstances articulated is tantamount to an act of spoliation to applicant’s use and occupation of leased premises and that it warrants the urgent intervention of this Honourable Court,” he said.

Mhondera also told the court that Aringa had suffered irreparable harm after being locked out of the premises, including loss of business.

In granting the interim order, the Civil Court authorised and directed the Messenger of Court to reinstate possession of the leased premises to Aringa Services.

The magistrate prohibited the respondents from interfering with Aringa’s peace while granting undisturbed lease of the premises to the latter.

The court also ordered Chikoka to maintain peace with Aringa and its directors, including employees working at the premises.

It also barred Chikoka and his fellow respondents from visiting or sending anyone to the leased premises.