Magistrate to decide on rent dispute

PATRICIA MAGANU
Staff Writer | Monday November 15, 2010 00:00

The case involves Roja Muchochi, who claims that Andrew Karanji has not paid him for five months and owes him about P10,000 in unpaid rent and utilities. Muchochi said in court that George Kennedy Njero initially rented his house in Area L, Francistown. But the tenant left and handed over the house to his brother-in-law, Karanji. Rent for the house was paid to a bank account because Muchochi lives in Gaborone. He told the court that he only realised in April this year that the rent had not been paid since December 3 last year. 

'My wife then contacted Karanji who said that he was aware that the rent has not been paid because he had financial problems due to the fact that he had paid for tenders,' he said.

He said the tenant failed to keep promises to pay the rent prompting him (Muchochi) and his wife to come to Francistown and that is when they realised utility bills have not been paid since January.

'We then went to the house where we enquired who Andrew was because we had never met him before. He identified himself and we confronted him with the bills and the rent. We asked him to give money for bills at least but he failed so we decided to come to the court for help,' he said.

Muchochi called his wife Agnes Muchochi and the previous tenant Njero as his witnesses.  In his defence, Karanji said that he had never defaulted in paying rent ever since he occupied the house.

He said that the plaintiff was not telling the truth by saying he never came to Francistown because he did and collected rent from him (Karanji) at the office.

'I have never defaulted. He always collected money from my office and he did not give me receipts,' he said.

He said that he deposited the rent money on December 3 as stated but after that, he paid Muchochi in cash when he came to his office.

'I paid my rent all the time to him in cash and the whole time I would ask him for receipts and lease of agreement but he told me that it is okay, as a handshake between men of honour is a solid agreement,' he said. He denied that he was served with a court order and agreed to leave the house immediately.

'I was forced and threatened that police will be called. He did not give me a chance to respond to the court order, which stated that I had 14 days to respond.

So I did not leave on my own accord as he had told the court,' he said.

'I have always had the capacity to pay my rent even where I am staying now,' he added.

Karanji brought a witness who said that he had been paying rent and that he had been threatened to leave the house.