An application by Matindi Private Academy, which sought to stay civil proceedings pending conclusion of the criminal proceedings that it instituted against Maranatha Boys Academy, has hit a wall.
The High Court Commercial Division in Blantyre is conducting proceedings for assessment of damages in the matter where Matindi Private Academy owner Elvis Nserebo evicted Maranatha Boys Academy from the school buildings in Blantyre in 2021.
However, on 23rd October, this year, the Claimant filed an application for stay of civil proceedings pending conclusion of the criminal proceedings that it has instituted against Maranatha Boys Academy.
Later, Maranatha Boys Academy opposed the application and requested the Court to consider the conduct of the Claimant throughout the proceedings for assessment of damages. Maranatha claimed that the assessment was aimed to frustrate the course of justice by making sure that proceedings for assessment of damages should not continue.
In its ruling on Matindi’s application, the court said it would not grant Matindi’s wish, and concurred with the defendant that the aim of the application is to delay the hearing of proceedings for assessment of damages.
The Court said Matindi Academy has not provided sufficient evidence of the prejudice it will suffer if the civil proceedings were to continue and added that Matindi shows that it is not ready to present its witness who can testify in this matter, evidenced by several excuses raised since the Court started conducting proceedings for assessment of damages.
“The Court made it clear that after considering the seriousness of Defendant’s claim for damages since it involves a huge sum of money, MK1, 011,139,097.40, the request for an adjournment will be allowed for the very last time.
“The Court was not surprised when another Counsel appeared on brief on 1st November, 2023 to argue the present application. It is very clear that the aim of this application is to delay the hearing of proceedings for assessment of damages. The Court cannot, therefore, grant such an application. The application is therefore dismissed,” reads part of ruling.
This is coming when the court set October 17, 2023 as the date when it was expected to make an assessment of the damages Nserebo caused by evicting Maranatha Boys Academy from his premises.
