The application made by Matindi Private Academy to stay civil proceedings until the conclusion of the criminal proceedings it initiated against Maranatha Boys Academy has been dismissed by the High Court Commercial Division in Blantyre.
The court justified its decision by stating that granting Matindi’s request would only serve to prolong the assessment of damages.
Furthermore, the court noted that Matindi’s behaviour indicates a lack of preparedness to present its witnesses, as the Claimant has consistently provided various excuses since the commencement of the assessment of damages proceedings.
Chief Justice Rizine Mzikamanda has also rejected a plea from Matindi Private Academy owner Elvis Nserebo to halt the Commercial Court’s evaluation of damages.
This request was made after Nserebo evicted Maranatha Boys Academy from his school premises in 2021. In August of the same year, Nserebo, as the owner of Matindi Academy, dispatched sheriffs to carry out the eviction, alleging that Maranatha Boys Academy had failed to settle rental payments.
Consequently, Maranatha Boys Academy filed a claim amounting to K1.7 billion for the loss of business, which Nserebo is currently contesting in court.
