Matindi Private Academy has been faulted for seeking an administrative remedy from the Chief Justice Rezine Mzikamanda on a matter that is in court.
Elvis Nserebo owner of Matindi Private Academy penned the Chief Justice to halt the Commercial Court assessment of damages to Maranatha Boys Academy following a 2021 court ruling on the same.
Two years ago, the Commercial Court ordered an assessment of damages to be paid to Maranatha Private Academy for loss of business after the institution was evicted from the school buildings in Blantyre owned by Nserebo Banda for allegedly failing to settle rentals.
On August 13 2021 however, the High Court ruled in favour of Maranatha Boys Academy.
In a letter dated October 3 2023, Banda questioned the K1.7 billion claim by Maranatha Private Academy as a loss of business for a week, saying he could not raise the amount in question. He further said that raising such an amount would mean selling his school blocks.
The Chief Justice however, in a letter dated October 11 2023, said the matter cannot be dealt with administratively, but through a court process.
In an interview with MBC Online, Registrar of the High Court Kondwani Banda said Nserebo Banda used a wrong channel to present his case.
“A matter that is before a court of law will be dealt with by the court itself. It is wrong to write the Chief Justice to stop proceedings in a court of law. If one is grieved or not satisfied with the court processes the recommendation is to write the Secretary or Chairperson of the Judicial Service Commission which regulates the courts. The Commission has powers to act or summon the judge,” said the registrar.
Meanwhile, the Commercial Court is expected to assess the damages on 17 October 2023.
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