By Chisomo Phiri
The High Court Commercial Division on November 3,2023 denied Matindi Private Academy an injunction to stop the court from assessing damages following a 2021 ruling ordering the school to pay damages to Maranatha Boys Academy for loss of business, among others.
Matindi Private Academy owner Elvis Nserebo wanted the court to stay the civil proceedings pending the conclusion of criminal proceedings.
This is after Chief Justice Rizine Mzikamanda early last month denied granting Nserebo the same request.
In a ruling, High Court judge Ken Manda said it was clear that the application was aimed at delaying the hearing of proceedings for assessment of damages.
The court pegged Matindi’s claim for damages to about K1 billion.
“The Court cannot, therefore, grant such an application. The application is therefore dismissed. Any party aggrieved by the decision of this Court is at liberty to appeal within 21 days from the date hereof,” reads part of the ruling.
Maranatha Boys Academy was on August 13 2021 evicted from the school buildings in Blantyre owned by Nserebo for allegedly failing to settle rentals but the High Court ruled in favour of the academy.