Total Zimbabwe (Pvt) Ltd is suing businessman Ray Kaukonde for failing to vacate its Service Station in Kariba following the expiry of their deed of settlement at the end of last month.
In its papers filed at the High Court Total said Kaukonde was supposed to vacate the property on February 28.
“Defendant has no right at law to continue in occupation of the said property because the Marketing License Agreement that gave him the right of occupation expired,” argued Total through its lawyers.
According to Total’s declaration, the company entered into a Marketing Licence Agreement with Kaukonde where he was allowed to occupy and use the service station under the trade name and style of Total Kariba Service Station.
Kaukonde was allowed to carry out the business of importation, purchase, storage, marketing and distribution of petroleum based products and other ancillary business at the said premise.
The said agreement then expired and was terminated as agreed but Kaukonde refused to vacate the premises despite numerous demands.
The termination date was agreed to by both parties during a mediation meeting that was held on July 18 last year in the presence of both parties’ legal practitioners.