By Chisomo Phiri
Chief Justice Rizine Mzikamanda on Friday denied a request from Matindi Private Academy owner Elvis Nserebo to stop the Commercial Court from assessing damages following a 2021 ruling ordering the school to pay damages to Maranatha Boys Academy for loss of business, among others.
Maranatha Boys Academy was on August 13 2021 evicted from the school buildings in Blantyre owned by Nserebo for allegedly failing to settle rentals but the High Court ruled in favour of Maranatha Boys Academy.
In a letter dated October 3, 2023, Nserebo questioned the K1.7 billion claim by the claimant as loss of business for a week, adding that he cannot manage to raise money and is likely going to lose his school buildings.
But in his response dated October 11 2023 , the Chief Justice said the matter cannot be dealt with administratively, but through a court process.
Said Mzikamanda in a letter: “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.”
However, the court is expected to make an assessment of the damages on October 17, 2023.