Landlord ordered to pay damages for evicting Maranatha Boys

Matindi premises owner Elvis Nserebo has been ordered to pay damages after sending sheriffs to evict Maranatha Boys Academy from the premises over rental disagreement.

This comes as the High Court, Commercial Division in Blantyre has on Tuesday September 28 adjudged that the claimant, Matindi Private Academy Limited which is owned by Nserebo be charged for causing damages.

According to a court document seen by this publication, the case which is before Justice Masauko Msungama has been adjudged after the claimant failed to file defence documents of the matter within the prescribed time.

The court has then found that Nserebo should be responsible for all the damages that has been caused on the defendant, Maranatha Boys Academy managed by Ernest Kaonga and other damages include; breach of lease agreement and embarrassment.

“No defence having been filed by the claimant to the defendant’s counterclaim within the prescribed period; it is adjudged that judgment be and is entered against the claimant for damages; loss of business, trespass, breach of lease agreement, inconvenience, loss of goodwill and embarrassment, all to be assessed, reads part of the document.

The development follows the closure of Maranatha Boys Academy at Matindi premises in August this year leaving students, teachers and other support staff stranded forcing the management to sought new premises at ASTEP in Luchenza.

The closure was due to continued disagreements between Maranatha Boys Academy management and the premises’ owner Nserebo who was claiming K13 million unpaid rentals which Kaonga insisted was duly paid.

In August 2018, Maranatha and Matindi signed a 10-year lease agreement that would see Maranatha paying K240 million, however it is the reported that the landlord was selling the facility a development that led the disagreement.

Advertisement