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.
On August 13, 2021 Nserebo sent sheriffs to evict Maranatha Boys Academy from his school buildings in Blantyre for allegedly failing to settle rentals.
Following the development, the High Court ruled in favour of Maranatha Boys Academy and ordered Nserebo to pay for damages caused on his counterpart.
Maranatha Boys Academy made a K1.7 billion claim for loss of business which Nserebo challenged through court adding that he cannot manage to raise such amount of money.
But in his response dated October 11 2023, the Chief Justice, Mzikamanda said the matter cannot be dealt with administratively, but through a court process.
“In case of a final judgement or decision of the court, the person who is dissatisfied would make an appeal to a higher court for the perceived error to be corrected,” reads part of the response to Nserebo.
Meanwhile, the court has set October 17 2023 as the date when it is expected to make an assessment of the damages Nserebo caused.