VETERAN former Warriors winger and Tsholotsho Football Club striker Joel Luphahla didna��t have a long lasting relationship with his home team (Tsholotsho Football Club) but allegedly left a lasting impression on it.
Luphahla who is now head coach of Zifa Central Soccer League (CSL) side TelOne is being sued by his former landlord over unpaid rent amounting to over $7 000.
The former Bosso attacker, who also saw action in Cyprus, is being jointly sued with his former club Tsholotsho Football Club through its representative Mandla Gumbo Manyathela for failing to pay US$7 664.65 being arrears for the rent and water left unpaid when he vacated number 7814 Shakespear Avenue, Highmount in Bulawayo.
The plaintiffs, Ndabezihle Dube and Anne Dube, filed their suit at the Bulawayo Civil Court under case number 4911/ 18 asking the court to compel Luphahla and Manyathela to pay the amount in question.
According to documents, Luphahla occupied the property on 1 March 2016 and vacated at the end of June 2017 leaving behind unpaid arrears for rent and water charges in the sum of $8 164.65, a move the plaintiffs claimed wasA� in serious breach of the Lease Agreement.
a�?On or about the 24th of February 2016, the parties entered into an Agreement of Lease wherein plaintiffs, through their Estate agent, Ken Estate (Pvt) Ltd, a company and estate agent duly registered in terms of the laws of this country, leased to 1st defendant their property known as number 7814 Shakespear Avenue, Highmount, Bulawayo at an agreed $450.00 monthly rent.
a�?The said lease was for a period of one year commencing from 1st of March 2016. At the conclusion of one year and provided that 1st defendant compliesA� with the terms and conditions thereof the lease will continue and remain in full force and effect as a two monthly tenancy terminableA� by either party on giving two calendar months written notice for the termination of the lease agreementa�?, read the suit in part.
In addition, the suit alleges thatA� in terms of Clause 2 of the said Lease Agreement rent was payable monthly in advance, on or before the first day of eachA� and every month withoutA� demand at the offices of Ken Estate Agents.
Luphahla reportedly vacated the leased property at the end of June 2017 leaving behind unpaid arrears for rent and water charges in the sum of $8 164.65.
a�?It is alleged that as a result of the arrears for water charges the council terminated water supply to the property prompting the plaintiffs to enter into payment plan for such arrears which they honour.
a�?However, upon vacation and on discussion the 2nd defendant, on the 3rd of June July 2017, through its representative Mandla Gumbo Manyathela signed an acknowledgement of debt wherein it acknowledged its indebtedness to the plaintiffs in the sum of $8 164.65.
a�?He made an undertaking to pay the debt in five instalments starting 31 July 2017. Ever since the signing of the acknowledgment of debt, the 2nd respondent made only one payment of $500, on the 26th of February 2018 reducing the debt from $8 164.65 to $7 664.65a�?.
The lawsuit contends that defendants have neglected, failed or refused to pay and or vacate the leased property despite demand.
a�?Wherefore the plaintiffs claim is against the defendants, jointly and severally, the one paying the other to be absolved for payment of US$7 664.65 being arrears for the rent and water left unpaid when 1st defendant (Luphahla) vacated the propertya�?.
Meanwhile, on 6 August 2018 the two defendants entered an appearance to defend which the plaintiffs dismissed saying it was simply for the purpose of buying time and frustrate the finalisation of the matter. They said Manyathela had no bona fide defence to the applicantsa�� claim.
On Tuesday, (5 September 2018) the respondents were in a�?willfula�� default and the judgment was entered against them.
Luphahla also played for Cypriot outfit, AEP Paphos and South African ABSA Premiership clubs SuperSport, winning a number of medals in the process.