The High Court Commercial Division in Blantyre has dismissed an application by Matindi Private Academy which was seeking to stay civil proceedings pending conclusion of the criminal proceedings that it instituted against Maranatha Boys Academy.
In its ruling, the court said it would not grant Matindi’s wish arguing that the aim of the application is to delay the hearing of proceedings for assessment of damages.
The court also added that the conduct by Matindi shows that it is not ready to present its witnesses to testify in the matter citing several excuses that the Claimant (Matindi) has raised since the court started conducting proceedings for assessment of damages.
Chief Justice Rizine Mzikamanda has denied a request by Matindi Private Academy owner Elvis Nserebo to stop the Commercial Court from assessing damages after Nserebo evicted Maranatha Boys Academy from his school premises in 2021.
In August 2021, Matindi Academy owner Elvis Nserebo sent sheriffs to evict Maranatha Boys Academy from his premises in Blantyre for allegedly failing to settle rentals and the latter made a K1.7 billion claim for loss of business which Nserebo is currently challenging in court.
